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Patna High CourtCR. MISC./80428/2023dismissed

Faiyaz Hussain @ Pinku v. The State Of Bihar

2024-03-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80428 of 2023 Arising Out of PS. Case No.-210 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Faiyaz Hussain @ Pinku Son of Late Izhar Hussain Resident of Mohalla - Kalibagh, P.S.- Bettiah Town (Kalibagh O.P.), District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr.Bimlesh Kumar Pandey, Advocate Mr. Mayank Raj, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bettiah Town (Kalibagh O.P) P.S. Case No. 210 of 2023 registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Unknown criminals killed the deceased. Subsequently, during investigation one Chandan Singh was caught and on his statement, the weapon used in the crime was recovered. It has also come during investigation that this petitioner and Vijay Gupta had hired Chandan for killing the deceased by paying Rs. 3 lakhs.

4. It has been submitted by learned senior counsel for

Patna High Court CR. MISC. No.80428 of 2023(3) dt.05-03-2024 2/2 the petitioner that the petitioner is said to be present along with Vijay Gupta when Vijay Gupta has participated in hiring Chandan for killing the deceased and Vijay Gupta has been granted bail. The petitioner is in jail since 29.09.2023.

5. Learned counsel for the informant and learned APP for the State have opposed the prayer for bail and have submitted that Vijay Gupta and the petitioner for business rivalry have got the deceased killed through Chandan by hiring him.

6. In this kind of crime, no direct evidence come but the materials have come that the petitioner along with Vijay Gupta had participated in hiring Chandan for killing the deceased, I am not inclined to grant bail to the petitioner though Vijay Gupta has been granted bail.

7. Accordingly, this application stands dismissed. (Sandeep Kumar, J) P. Kumar U