Munna Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26382 of 2020 Arising Out of PS. Case No.-411 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

MUNNA BIND S/o Late Govind Prasad @ Late Govind Bind @ Late Bal Govind Bind Resident of Village- Baragandhar Pokharpar, (Baragedhar), P.S.- Muffasil, District- Gaya.

2.

Gorelal Bind S/o Late Govind Prasad @ Late Govind Bind @ Late Bal Govind Bind Resident of Village- Baragandhar Pokharpar, (Baragedhar), P.S.- Muffasil, District- Gaya.

3.

Sugna Devi W/o Gorelal Bind Resident of Village- Baragandhar Pokharpar, (Baragedhar), P.S.- Muffasil, District- Gaya. 4.

Shanti Devi W/o Munna Bind Resident of Village- Baragandhar Pokharpar, (Baragedhar), P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP .

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2021 Heard the learned counsel for the petitioners and Shri Ashok Kumar, the learned A.P.P. for the State. The petitioners seek regular bail in connection with Sessions Trial No. 96 of 2020 arising out of Mufassil P.S. Case No. 411 of 2019 for the offence registered under Sections 302/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having killed the deceased on account of the deceased having not given a sum of Rs. 50,000/- to his family members upon demand being made by them.

Patna High Court CR. MISC. No.26382 of 2020(4) dt.15-01-2021 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are languishing in custody since 28.11.2019. It is further submitted that neither there is any eye witness to the alleged occurrence nor there is any motive on the part of the petitioners to have killed their father / father-in-law. Lastly, it is submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 02.03.2020 passed in Criminal Misc. No. 13570 of 2020.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available in the case diary, this Court is prima facie of the view that minuscule evidence is available on record of the case so as to connect the petitioners with the alleged murder of the deceased, who happens to be the father of the petitioner nos. 1 & 2 and father-in-law of the petitioner nos. 3 & 4, hence I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Patna High Court CR. MISC. No.26382 of 2020(4) dt.15-01-2021 3/3 Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Gaya in connection with Sessions Trial No. 96 of 2020 arising out of Mufassil P.S. Case No. 411 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T