Biru Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2135 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== Biru Mushar, Son of Ramchandra Mushar, Resident of Village- Pauthu, P.S.- Pauthu, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rupa Kumari, Advocate For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks from today.

In the present case, the petitioner seeks bail in connection with Haspura P.S. Case No. 21 of 2021, registered for the alleged offences under Sections 341, 323, 452, 307, 302, 379, 504/34 of the Indian Penal Code.

As per prosecution case, three miscreants entered into the house of the informant and assaulted the informant and his mother. They took Rs. 2000/- from the pocket of the informant. While the mother of the informant was being taken to the hospital, she died on her way. The name of the petitioner transpired during investigation as one of the miscreants who assaulted and committed the loot in the house of the informant.

Patna High Court CR. MISC. No.2135 of 2022(3) dt.01-11-2022 2/3 The learned counsel for the petitioner submits that the petitioner has been named in this case on the basis of his confessional statement in Haspura P.S. Case No. 25 of 2021 and except for this confessional statement of the petitioner, there is nothing to show the involvement of the petitioner in the alleged occurrence. Although the informant claimed that he could identify the miscreants, but this petitioner has not been put to any Test Identification Parade. There is general and omnibus allegation against the petitioner and other co-accused persons and no material has been collected against the petitioner to show his involvement. The petitioner is in custody since 16.06.2021 and the charge sheet has been submitted.

Learned APP opposes the prayer for bail submitting that the petitioner has been found involved in a case of similar nature and due to assault by this petitioner and other co-accused persons, the mother of the petitioner lost her life. Perused the records.

Having regard to the facts and circumstances and submissions made here-in-above and considering the lack of substantive material to connect the petitioner with the offence as alleged and further considering the period of custody of the petitioner along with submission of charge sheet, the petitioner

Patna High Court CR. MISC. No.2135 of 2022(3) dt.01-11-2022 3/3 above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Haspura P.S. Case No. 21 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T