Bijo Sah @ Bijo Mahton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13051 of 2024 Arising Out of PS. Case No.-190 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Bijo Sah @ Bijo Mahton, Son of Bhola Mahto @ Bhola Sah, Resident of Village- Adharpur, Post- Naya Nagar, Dularpur, P.S.- Teghra, DistrictBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar, Adv.
For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The matter has been placed for consideration of the petitioner's regular bail prayer in connection with Teghra P.S. Case No. 190/2022 dated 09.07.2022 registered for the offences punishable under sections 364, 302, 201 and 120B read with section 34 of the Indian Penal Code.
3. Mr. Dhirendra Kumar, learned counsel appearing for the petitioner submits that the petitioner has been languishing in jail since 12.07.2022 and he has got no criminal antecedent and co-accused persons namely Kari Singh @ Ranjeet Singh @ Ranjeet Kumar Singh, Gulshan Kumar and Rahul Kumar have been granted bail by different benches of
Patna High Court CR. MISC. No.13051 of 2024(3) dt.26-04-2024 2/3 this Court and during investigation, any witness examined by the investigating officer did not reveal any active role of the petitioner in the commission of the main alleged occurrence and the petitioner's case stands on similar footing to the co-accused Gulshan Kumar who is on bail and as per the statement recorded by co-accused Rahul Kumar, the petitioner was not involved in the main act of killing the deceased and he is alleged to be present with the co-accused persons and of assisting them in the alleged acts and in actual, the petitioner was an employee of the co-accused Ranjit Singh. Learned counsel further submits that against the petitioner, the investigation has been completed.
4. Mr. Dashrath Mehta, learned APP for the State has opposed the bail prayer of the petitioner.
5. Heard both the sides, perused the FIR and case diary of the case. Though the instant matter relates to serious offence of murder and the petitioner is also named in the FIR but considering the custody period undergone by the petitioner till date, and also, the privilege of bail having been granted to above mentioned co-accused persons coupled with fair and clean antecedent of the petitioner and completion of the investigation against him, this Court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above
Patna High Court CR. MISC. No.13051 of 2024(3) dt.26-04-2024 3/3 be released on bail, after framing of charge if the same has not been framed, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Teghra P.S. Case No. 190/2022.
6. The learned trial court is directed to take step for framing of charge upon the petitioner, as early as possible, as per procedure of law.
(Shailendra Singh, J) annu/- U T