Patna High CourtCR. MISC./35880/2022bail granted

Lal Bahadur Singh v. The State Of Bihar

2023-01-25Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35880 of 2022 Arising Out of PS. Case No.-330 Year-2011 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== LAL BAHADUR SINGH SON OF LATE SURAJ SINGH Resident of Village- Yusufpur, Police Station- Lalganj, District- Vaishali. At present Assistant Postal Superintendent, Headquarter, Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43568 of 2022 Arising Out of PS. Case No.-330 Year-2011 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== JAGDISH RAM SON OF SHIVDENI RAM R/O VILLAGE- MAJHAULIA, P.S.- MEHSI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 35880 of 2022) For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Adv.

Mrs. Kshama Sharma, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh (In CRIMINAL MISCELLANEOUS No. 43568 of 2022) For the Petitioner/s :

Mr.Jyotsna Rani Mishra For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-01-2023 Heard the learned counsel for the petitioners and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

Both the petitioners seek bail in connection with East

Patna High Court CR. MISC. No.35880 of 2022(4) dt.25-01-2023 2/3 Muzaffarpur Town P.S. Case No. 330 of 2011 registered for the offence under Sections 302, 201, 120B and 328 of the Indian Penal Code.

Both the petitioners are in custody since 26.04.2022 and 26.05.2022 respectively.

Learned counsel for the petitioners submits that both the petitioners are working in the postal department. A dead body was thrown by some persons from a Bolero Jeep and during investigation, it has come that the petitioners along with others including Chhotelal Mahaldar and Rajendra Jha had taken liquor together with the deceased in a marriage function and thereafter, the deceased died and his dead body was thrown by the accused persons on the road.

Recently, during investigation, Sulphas was found in the Viscera Report of the deceased.

Chhotelal Mahaldar and Rajendra Jha have already been granted anticipatory bail by this Court in Cr. Misc. Case No. 62810 of 2022 and Cr. Misc. No. 61776 of 2022. It has been submitted by the learned counsel for the petitioners that on Principle of Parity also they deserve bail and, moreover, both the petitioners are government servants and there is no chance that they will abscond.

Patna High Court CR. MISC. No.35880 of 2022(4) dt.25-01-2023 3/3 Considering the aforesaid fact, this application for regular bail of the petitioners is allowed.

Let the petitioners, above named, 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 the learned Chief Judicial Magistrate, Muzaffarpur in connection with East Muzaffarpur Town P.S. Case No. 330 of 2011. The petitioners will co-operate in the trial and will regularly appear before the Court below physically or through their advocates and in case of default their bail bond shall be cancelled.

(Sandeep Kumar, J) Vikas/Sunny U