Baleshwar Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36659 of 2020 Arising Out of PS. Case No.-189 Year-2020 Thana- SIRDALA District- Nawada ====================================================== Baleshwar Rajvanshi S/o Jaldhari Ram, Resident of Village-Upardih, P.S. Sirdala, District-Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-03-2021 Heard the learned counsel for the petitioner and Smt. Sharda Kumari, the learned APP for the State. The petitioner seeks regular bail in connection with Sirdala P.S. Case No. 189 of 2020, registered for the offence punishable under Sections 147, 149, 323, 341 and 302 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having killed the deceased on account of the fact that the deceased was having love-affair with a girl belonging to the prosecution side. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 2nd June 2020. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.36659 of 2020(3) dt.15-03-2021 2/3 further submitted that the petitioner is the maternal grand father of the girl in question and the deceased was having love-affair with her and on account of the said affair, it is alleged that the deceased was done to death, hence, it is submitted that primarily the complicity in the alleged occurrence might be that of the immediate relatives i.e. the father, grand father etc. of the girl, however, the maternal grand father of the girl in question cannot be stated to be having any complicity in the matter. The learned A.P.P. for the State has vehemently opposed the prayer for bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on records as also those available in the case diary, this Court finds that prima facie, miniscule evidence is available, as far as the petitioner is concerned, regarding his complicity in the alleged crime and moreover, the petitioner is having a clean antecedent, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.36659 of 2020(3) dt.15-03-2021 3/3 learned ACJM-VI, Nawada in connection with Sirdala P.S. Case No.189 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T