Jangali Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36270 of 2025 Arising Out of PS. Case No.-08 Year-2025 Thana- PATKHAULI District- West Champaran ====================================================== Jangali Bin S/o Late Ram Kishan Bin R/o Vill- Mangalpur, P.S.- Patkhauli, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Patkhuali P.S. Case No. 08 of 2025 instituted for the offence under Sections 191(2), 190, 126(2), 115(2), 118(1), 103(1), 329(3), 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case is that the informant agreed to sell 2.5 Katha of land to his neighbour, but after paying only part of the settled amount, the accused persons refused to pay the balance and threatened him. On 18.01.2025, the informant's father, who was on the disputed land, was brutally assaulted with farsa and other weapons by the accused. He was taken to the Sub-divisional Hospital, Bagaha, where he succumbed to his

Patna High Court CR. MISC. No.36270 of 2025(3) dt.18-08-2025 2/3 injuries during treatment.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-02-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the informant of the present case who has been made accused during investigation. There is no eye witness to the occurrence. Learned counsel for the petitioner mainly submits that in course of investigation merely on the basis of suspicion and contradictory statement of family members and witnesses, the police made the petitioner accused. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Witnesses have supported the prosecution case. As per postmortem report, cause of death is hemorrhagic shock due to hard and sharp weapon.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no cogent material against the petitioner and charge sheet being

Patna High Court CR. MISC. No.36270 of 2025(3) dt.18-08-2025 3/3 submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patkhuali P.S. Case No. 08 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T