Bhikhar Pashi @ Bhikhar Mahto @ Bhaiya Mahto @ Bhekha Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25520 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== Bhikhar Pashi @ Bhikhar Mahto @ Bhaiya Mahto @ Bhekha Mahto, Son of Late Tetar Mahto Resident of village - Malpur, P.S.- Dalsingsarai, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No.1, Adv.

For the State :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner as well as learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner seeks bail in connection with Dalsingsarai P.S. Case No.210 of 2020 registered for offence punishable under Sections 302, 201/34 of the IPC.

Prosecution case in brief, is that petitioner along with one Baiju Das committed murder of younger brother of the informant, namely, Naresh Sah and after committing murder they threw his dead body in the pond.

Learned counsel appearing on behalf of the petitioner submits that merely on suspicion petitioner has been implicated in this case. There is no eye-witness who has supported the case

Patna High Court CR. MISC. No.25520 of 2021(3) dt.29-11-2021 2/3 of the petitioner. In the FIR itself it is mentioned that some one assaulted from the back and since the petitioner was behind his back he has named the petitioner in the FIR. Learned counsel appearing on behalf of the petitioner further submits that petitioner has clean antecedent and he is in custody since 30.12.2020 for no fault.

Considering the aforesaid facts and circumstances of the case as well as perusal of the case diary and also considering the fact one co-accused Baiju Das has already been released on bail vide order dated 02.09.2021 passed in Cr. Misc. No. 22491 of 2021, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist, Dalsingsarai in connection with Dalsingsarai P.S. Case No.210 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.25520 of 2021(3) dt.29-11-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Prakash Narayan /- U T