Brijesh Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38017 of 2020 Arising Out of PS. Case No.-66 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== BRIJESH MUSAHAR Son of Late Hiralal Musahar Resident of VillageBahuarawa Farm, P.S.- Chautarwa, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertake to remove the defects within four weeks of resumption of normal functioning of the Court proceeding. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegation against this petitioner is that he allegedly killed the brother of the informant. It is alleged when the brother of the informant was alive he told the informant that petitioner along with other accused use to abuse and assault him. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38017 of 2020(2) dt.05-02-2021 2/2 petitioner is innocent and has been falsely implicated in this case. He submits that name of the petitioner has come in this case on the basis of suspicion. He submits that there is general and omnibus allegation against the petitioner. He submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 68938 of 2019 on 06.02.2020. He further submits that petitioner has no criminal antecedent and he is languishing in judicial custody since 12.03.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge Bagaha, West Champaran in connection with S.Tr. No. 687 of 2019 arising out of Chautarawa P.S. Case No. 66 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T