Raghubansh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74445 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAGHUBANSH BAITHA Son of Mahanth Baitha Resident of Village - Basmanpur (Bhawanipur), Motihari, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302/34 of the Indian Penal Code.

The prosecution case in brief is that informant's father was murdered by accused persons by cutting his neck with sharp cutting weapons.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-07-2019. Charge sheet has already been submitted. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive

Patna High Court CR. MISC. No.74445 of 2019(3) dt.05-03-2020 2/2 evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Muffasil P.S. Case No. 292 of 2019. (Sudhir Singh, J) A.K.V.//- U T