Saudagar Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54562 of 2021 Arising Out of PS. Case No.-68 Year-2017 Thana- PARASBIGHA District- Jehanabad ====================================================== Saudagar Bind Son of Late Hira Bind @ Late Harinandan Bind Resident of Village - Beldari Bigha, Police Station - Parasbigha, District - Jehanabad. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and Shri Ram Anurag Singh, learned A.P.P. for the State through virtual court proceedings.
The petitioner seeks bail in connection with Parasbigha P.S. Case No. 68 of 2017 instituted for the offences under Sections 302 and 120(B) of the Indian Penal Code read with Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 16.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that on 28.05.2017, he was threatened by one Ramesh Bind while he was doing earth filling on his land for construction of his house and on the date of occurrence, the
Patna High Court CR. MISC. No.54562 of 2021(2) dt.16-02-2022 2/3 informant saw Ramesh Bind along with petitioner and others fleeing away after firing and when the informant reached near the bridge, he found Nirmal Bind and Sintu Bind in injured condition and they were taken to the hospital where the doctor declared them dead.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case for the reason that the informant has land dispute with Ramesh Bind. It is further submitted that the allegation is not supported by the postmortem examination and the postmortem report discloses that Nirmal Bind died due to throttling and Sintu Bind died due to strangulation. Learned counsel further submitted that coaccused Shambhu Bind @ Shambhu Kumar has been granted bail vide order dated 18.08.2021 passed in Cr. Misc. No. 41590 of 2021 and Malti Devi has been granted bail vide order dated 22.02.2018 in Cr. Misc. No. 10586 of 2018.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 16.03.2021, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent and the coaccused have been granted bail, let the petitioner above named
Patna High Court CR. MISC. No.54562 of 2021(2) dt.16-02-2022 3/3 be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Parasbigha P.S. Case No. 68 of 2017.
(Satyavrat Verma, J) Rishi/- U T