Bhaglu Ram Bhaskhot @ Shiv Shankar @ Shiv Shankar Vasakhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40491 of 2025 Arising Out of PS. Case No.-242 Year-2013 Thana- KOTWALI District- Patna ====================================================== Bhaglu Ram Bhaskhot @ Shiv Shankar @ Shiv Shankar Vasakhar S/o Late Chhote Lal Vasakhar R/o Mohalla- South Mandiri China Kothi, Harijan Colony, P.S.- Budha Colony, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Chandra, Adv.
For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner has earlier moved before a Coordinate Bench of this Court with a prayer for anticipatory bail which was dismissed vide order dated 01.04.2015 passed in Cr. Misc. No. 35769 of 2014.
3. The petitioner seeks bail in connection with Kotwali P.S. Case No. 242 of 2013 instituted for the offences under Section 302/34 of the Indian Penal Code.
4. As per prosecution case, the accusation against the accused persons including the petitioner is of committing
2/4 murder of the informant's son by means of sharp blade.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to local village politics. He further submits that there is no eye-witness to the alleged occurrence. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. He further submits that the main accused is Jacki Ram who has already been granted bail by a Co-ordinate Bench of this Court. The petitioner has also no concern with the alleged Jacki Ram. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 25.02.2025 without any rhymes or reason.
6. Learned counsel for the petitioner again submits that the co-accused namely Jaiki Ram has been granted bail by a Co-ordinate Bench of this Court vide order dated 03.10.2013 passed in Cr. Misc. No. 41242 of 2013.
7. Pursuant to the order of this Court dated
3/4 03.07.2025, the learned court below has sent its report regarding present stage of trial, stating therein that cognizance has been taken under Sections 302, 120B/34 of the I.P.C. and, further, supplementary charge-sheet against the accused Ganga Ram, Ajay Ram and Bablu Ram has been submitted by the I.O., police paper has been supplied to all the accused persons and the instant case record is put up for commitment on 08.08.2025.
8. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The Investigating Officer, after completion of investigation, has submitted supplementary charge-sheet against the petitioner finding the case true for offence under Sections Section 302/120(B)/34 of the Indian Penal Code.
9. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent, there being no specific allegation against the petitioner as also the prayer for bail
4/4 being based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwali P.S. Case No. 242 of 2013. (Rudra Prakash Mishra, J) rishi/- U T