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High CourtsSingle Bench(2020) 03 PAT CK 0046

Sarwar Hussain vs State Of Bihar

Patna High Court · Decided on 19 March 2020

HON’BLE JUDGES
Ahsanuddin Amanullah, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 972 Of 2020

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Judgment

8 paragraphs · 363 words

Ahsanuddin Amanullah, J

1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Raushanganj PS Case No. 129 of 2019 dated 10.07.2019 instituted under Sections 302/328 of the Indian Penal Code.

3.

The allegation against the petitioner is that he had mixed poisonous substance in the toddy which was consumed by the deceased, who was the husband of the informant.

4.

Learned counsel for the petitioner submitted that the informant, who is wife of the deceased, herself has been made accused and has been granted bail by a co-ordinate Bench on 11.12.2019 in Cr. Misc. No. 71391 of 2019 (Rinki Devi vs. State of Bihar). It was submitted that the petitioner was also the person who took the deceased to the hospital and in fact, he was called to the house to settle the difference between the husband and the wife. Learned counsel submitted that the allegation against the petitioner and Rinki Devi (informant) is identical and he has no other criminal antecedent and is in custody since 02.08.2019.

5.

Learned APP, from the case diary, submitted that the allegation against the petitioner is of having administered poisonous toddy to the deceased. However, he was not in a position to controvert the fact that the informant herself has been made accused and the allegation against the informant and the petitioner is identical.

6.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Sherghati, Gaya in Raushanganj PS Case No. 129 of 2019. One of the bailors shall be a close relative of the petitioner. One of the bailors shall be a close relative of the petitioner. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to do so on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds.

7.

The application stands disposed off in the aforementioned terms.