Jabbar Sekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87745 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- Charkapathar District- Jamui ====================================================== Jabbar Sekh S/o- Ali Shekh Resident of Village- Sugatar PS- Charkapattar District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-04-2025 Heard Mr. Niranjan Parihar, learned counsel for the petitioner and Mr. Rajiv Nayan, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 103(1), 238, 61(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution is that the petitioner has threatened the son of the informant, as he has made the photograph of his daughter viral. It is further alleged that on 16.08.2024, the petitioner along with others killed the son of the informant namely, Duga Marandi by assaulting him with stones.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that in this case, there is no eye

Patna High Court CR. MISC. No.87745 of 2024(3) dt.04-04-2025 2/2 witness, only the informant has stated that the petitioner has threatened his son of dire consequences, as he made the photograph of his daughter viral but from perusal of the case diary, it transpires that there is no investigation on that point whether the deceased has made the photo viral or not. Admittedly, there is no eye witness. Similarly situated other coaccused persons have been granted bail by this Court in Cr. Misc. No. 83774 of 2024. Moreover, the petitioner is languishing in judicial custody since 18.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Charkapatthar P.S. Case No. 69 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Jamui. (Ashok Kumar Pandey, J) Sudhanshu/- U T