Majjo @ Majjo Ilahi @ Md. Majjub Ilahi @ Majju @ Md. Mujibullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31736 of 2023 Arising Out of PS. Case No.-31 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Majjo @ Majjo Ilahi @ Md. Majjub Ilahi @ Majju @ Md. Mujibullah son of Md. Alauddin Resident of Village- Madhopara, Uraon Tola, P.S.- K. Hat (Sahayak), District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2023 Heard Mr. Bijendra Kumar Singh, learned counsel for the petitioner and Mr. Lallan Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail in connection with K. Hat (Sahayak) PS Case No. 31/2021 dated 09.01.2021 registered for the offence punishable under section 302, 301, 120(B) of the IPC.
3. As per prosecution case, the informant has alleged that his father had gone with one co-accused, Raju Oraon on 08.01.2021 but he did not return. Subsequently, on 09.01.2021 the dead body of the informant's father was found in front of the house of a co-accused, Arjun Oraon. The informant has alleged that the petitioner along with 10 persons hatched a conspiracy and committed murder of his father.
Patna High Court CR. MISC. No.31736 of 2023(2) dt.05-07-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics along with ten other persons. From perusal of the FIR, it would be evident that father of the informant had gone along with co-accused, Raju Oraon and was last seen with him, whereas the name of the petitioner has been mentioned in the FIR as one of the conspirators. There is no material to show that the petitioner entered into the conspiracy with other accused persons for commission of the offence. However, Raju Oraon has been granted bail by a Bench of this Court vide Cr. Misc. No. 29363/2021 dated 20.12.2021(Annexure-2). He next submits that the petitioner is in custody since 23.03.2022, charge-sheet has been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences.
5. Regards being had to the submissions made by the parties, taking into consideration the fact that co-accused, Raju Oraon has already been granted bail by a Co-ordinate Bench of this Court, the petitioner is in custody since 23.03.2022, chargesheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner.
6. Accordingly, let the petitioner, Majjo @ Majjo
Patna High Court CR. MISC. No.31736 of 2023(2) dt.05-07-2023 3/3 Ilahi @ Md. Majjub Ilahi @ Majju @ Md. Mujibullah be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-5th , Purnua in connection with K. Hat (Sahayak) PS Case No. 31/2021, S.T. No. 351 of 2022.
(Anil Kumar Sinha, J) perwez U T