Vijay Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53961 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- PANDARAK District- Patna ====================================================== VIJAY MOCHI S/o Late Ramotar Mochi Resident of Village- Pandarak (Chamartoli), P.S.- Pandarak, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Prasad Singh No.2, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2022 Heard Mr. Madan Prasad Singh No.2, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Pandarak PS Case No. 18/2021 registered for the offence punishable under Sections 302, 120(B)/34 of the IPC.

As per First Information Report, one Laxmi Devi called the husband of the informant by phone and after some time, one Nirbhay Kumar informed the informant that her husband has been killed and his dead body is thrown. Upon this information, the informant reached near the house of one Chandeshwar Mochi where she saw that her husband was lying in injured condition and the nearby people told her that Laxmi Devi, Chandeshwar Mochi, Vijay Mochi (petitioner) and other accused persons assaulted the informant's husband by means of Lathi, Danda as a result of which, he sustained injury and during course of treatment died.

Patna High Court CR. MISC. No.53961 of 2021(2) dt.17-05-2022 2/2 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case due to village politics. He next submits that there is general and omnibus allegation against six accused persons and there is no eyewitness to the occurrence. Petitioner is in custody since 03.03.2021, charge-sheet has already been submitted.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the allegation against petitioner is general and omnibus in nature, petitioner having no criminal antecedent is in custody since 03.03.2021 and the charge-sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, VIJAY MOCHI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Barh, Patna in connection with Pandarak PS Case No. 18/2021. (Anil Kumar Sinha, J) perwez U T