Pujeri Saw @ Pujeri Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34955 of 2020 Arising Out of PS. Case No.-293 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Pujeri Saw @ Pujeri Sah son of Kalbhu Saw R/o Village- Killi Paharpur, Police Station- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ashok Kumar For the informant :

Mr. Hare Krishna Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2021 Heard the learned counsel for the petitioner the learned APP for the State.

The petitioners seek regular bail in connection with Begusarai Muffasil PS case no. 293 of 2020 instituted for the offences punishable under Sections 302, 201/34 of Indian Penal Code.

The allegation is regarding the co-accused person namely Mangal Singh having inflicted a blow with a black coloured torch on the head of the deceased resulting in his death.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and

Patna High Court CR. MISC. No.34955 of 2020(3) dt.04-01-2021 2/3 is languishing in custody since 13.06.2020. The learned counsel for the petitioner has further submitted that at best, the allegation against the petitioner is that of helping the co-accused person namely Mangal Singh in disposing of the dead body of the deceased, hence admittedly he is not having any complicity in the alleged occurrence.

Per contra, the learned APP for the State Sri Ashok Kumar and the learned counsel for the informant Sri Hare Krishna Prasad have vehemently opposed the prayer for bail. The learned counsel for the informant has submitted that the petitioner is having complicity in the alleged occurrence. 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 fact that the petitioner has not been alleged to have given a fatal blow on the head of the deceased resulting in his death, apart from the fact that the petitioner is having a clean antecedent and has been languishing in custody since some time, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.34955 of 2020(3) dt.04-01-2021 3/3 Magistrate, Begusarai in connection with Begusarai Muffasil PS case no. 293 of 2020.

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