Govind Mushar @ Govind Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40296 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- BAGENGOLA District- Buxar ====================================================== Govind Mushar @ Govind Ram S/O Durja Mushar, R/O Vill. - Bhadawar, Dakhini Mushar Toli, P.S. Bagengola, Dist.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bagengola P.S. Case No. 01 of 2022 lodged under Sections 341, 379, 307 and 302/34 of the Indian Penal Code. As per prosecution, the deceased went to purchase some materials at the night and when not returned, the informant went outside the house in search of him and found that his brother was brutally injured. The injured brother disclosed the names of 4 persons including the present petitioner that they all assaulted him. The said injured subsequently died at the night.

Patna High Court CR. MISC. No.40296 of 2022(3) dt.06-12-2022 2/2 2022 Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 13.01.2022 and charge-sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail and submits that the deceased himself has disclosed the name of the petitioner to his brother in the F.I.R.. Upon specific query whether charge has been framed or not in this case, learned counsel submits that as per his knowledge, charge has not been framed.

In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail petition is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after one month of framing of charge and the Trial Court has directed to release the petitioner on bail imposing its own conditions, so that he may not evade his appearance during trial.

(Dr. Anshuman, J.) ravishankar/- U T