Vijay Mochi @ Bhimshen Mochi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51845 of 2024 Arising Out of PS. Case No.-379 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Vijay Mochi @ Bhimshen Mochi S/O Late Parikha Mochi R/O VillagePansuhi, P.S- Dulhin Bazar, Distt.- Patna. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 302, 120B and 34 of the Indian Penal Code, registered in connection with Dulhin Bazar P.S. Case No. 379 of 2023.
3. As per prosecution case, the son of the informant was disappeared on 26.11.2023 from his house after the birthday function of his grand-daughter. It is further alleged that the informant's son and the daughter of the petitioner had love and affection and in the late night of the same day, the informant came to know that his son had entered the house of the petitioner due to which the petitioner and his family members
Patna High Court CR. MISC. No.51845 of 2024(3) dt.26-10-2024 2/3 brutally assaulted the informant's son leading to his death.
4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner is an old aged person. She submitted that charge-sheet has been submitted in this case and altogether four witnesses have been examined out of which three witnesses are the family members of the informant. Petitioner is a person of clean antecedent and he is in custody since 28.11.2023.
5. Learned APP for the State has opposed the prayer of bail and submitted that the petitioner has confessed his guilt in his confessional statement and furnished the vivid description of the entire occurrence to which learned counsel for the petitioner submits that the confessional statement, recorded before the police has no evidentiary value in the eyes of law.
6. Considering the above facts and circumstances of the case as well as period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 379 of 2023, subject to the condition that the petitioner shall co-operate in the
Patna High Court CR. MISC. No.51845 of 2024(3) dt.26-10-2024 3/3 disposal of trial and make himself available as and when required by the Court.
(Nawneet Kumar Pandey, J) Arish/- U T