Patna High CourtCR. MISC./79350/2023allowed

Jawahar Khan v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79350 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== Jawahar Khan S/O Late Hira Khan R/O Village- Sikrahti, P.S- Kumarkhand, Distt.- Madhepura.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the State :

Mr.Awadhesh Kumar Singh For the Informant/s :

Mr. Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B/34 of the Indian Penal Code.

3. The FIR named accused persons including the petitioner committed murder of the father of the informant by assaulting him on his face and head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is old land dispute between the parties due to which the petitioner has falsely been implicated in this case. From perusal of FIR, no specific overt-act attributed to the petitioner rather general and

Patna High Court CR. MISC. No.79350 of 2023(3) dt.10-01-2024 2/2 omnibus allegation of assaulting leveled against him. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 2.6.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Kumarkhand P.S. Case No. 212 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Madhepura.

(Sunil Kumar Panwar, J) Amandeep/- U T