Bhim Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.674 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- GOH District- Aurangabad ====================================================== Bhim Bind S/O Ramji Bind Resident of Village- Saidpur Beldari, P.S.- Makhdumpur (Tehta), District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamlendra Prasad Singh, Adv For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 24-04-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Goh P.S. Case No. 142 of 2024 registered for the offences punishable under Sections 302, 120(B), 201 read with Section 34 of the I.P.C.
3. As per the prosecution case, on 27.05.2024, the husband of the informant was called by Bhim Bind (petitioner) and they together had gone to the Bazar, however, her husband did not return. It is further alleged that on the next day i.e., 28.05.2024, while she was searching for her husband, she came to know that around 1 km away from the Brick Kiln the dead body of her husband was found.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.674 of 2025(3) dt.24-04-2025 2/3 that the petitioner is innocent and from perusal of the FIR it appears that there is no eye witness to the occurrence and the petitioner has falsely been implicated in this case. It is further submitted that the deceased was said to have gone on 27.05.2024 and the dead body was recovered on 28.05.2024, however, almost after seven days the written report was filed before the police without giving any plausible reason for the delay. It is next submitted that from perusal of the post-mortem report it is evident that the injuries are very superficial which cannot be said to have caused the death of the husband of the informant. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 13.07.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that it was a case of last seen and there is a reasonable doubt against the petitioner that he is involved in the murder of the informant's husband along with other co-accused persons, hence, he does not deserve the liberty of bail.
6. Considering the aforesaid submissions of the parties and taking into account the fact that there is merely a suspicion raised against the petitioner and there is no eye witness to the said occurrence coupled with the fact that the
Patna High Court CR. MISC. No.674 of 2025(3) dt.24-04-2025 3/3 petitioner is in custody since 13.07.2024, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad, in connection with Goh P.S. Case No. 142 of 2024, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T