Patna High CourtCR. MISC./79794/2023bail granted

Jahir Mian @ Jahir Khan v. The State Of Bihar

2024-03-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79794 of 2023 Arising Out of PS. Case No.-309 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== JAHIR MIAN @ JAHIR KHAN SON OF ISLAM MIAN RESIDENT OF VILLAGE - BANGARI, P.S. - GHORASAHAN, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Jai Narain Thakur For Informant :

Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 302, 120B, 201/34 of the Indian Penal Code.

3. As per the prosecution case, six persons are said to have taken the victim in a marriage and, thereafter, his dead body was found. The petitioner is named in the F.I.R. The petitioner is in jail since 13.09.2023.

4. There is no material on record to connect the petitioner and other co-accused persons with the crime except for previous enmity. Similarly situated co-accused Manoj

Patna High Court CR. MISC. No.79794 of 2023(3) dt.05-03-2024 2/2 Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 76171 of 2023 dated 27.02.2024.

5. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

6. Let the petitioner, above named, be released on bail after framing of charge if the charge has not been framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Motihari, East Champaran/concerned Court below in connection with Ghorasahan P.S. Case No. 309 of 2021 subject to condition that:- 6(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below. 6(ii). One of the bailor should be close blood relative of the petitioner.

7. This application stands allowed.

(Sandeep Kumar, J) shishir/- U