Bajrangi Saw @ Saka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60148 of 2021 Arising Out of PS. Case No.-563 Year-2019 Thana- JAMUI District- Jamui ====================================================== BAJRANGI SAW @ SAKA S/o PARMESHWAR SAW R/o VILLAGENAVINAGAR, P.S-JAMUI, DISTRICT-JAMUI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Mr. Vaishnavi Singh, Advocates.
For the Opposite Party/s :
Mr. Arun Kumar Singh, APP For the Informant :
Mr. Sheo Nandan Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-10-2021 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner, Mr Arun Kumar Singh, learned Additional Public Prosecutor for the State and Mr. Sheo Nandan Prasad, learned counsel appearing for the informant.
Petitioner renews his prayer for bail in connection with Jamui PS Case No. 563/2019 registered for the offence punishable under Sections 302/34 of the Indian Penal Code inasmuch as earlier bail application of the petitioner was rejected vide order dated 24.09.2020 passed in Cr. Misc No. 20814/2020 (Annexure-1) with liberty to renew his prayer for bail after one year, if the trial does not show any progress. The allegation against the petitioner as per First Information Report lodged by one Tripurari Sao stating therein
Patna High Court CR. MISC. No.60148 of 2021(2) dt.27-10-2021 2/3 that on 05.11.2019, his younger brother, Murari Kumar Sao @ Tuntun said that he was going to Lakhisarai and thereafter he took motorcycle from his friend and went away but did not return. It has further been alleged that on 06.11.2019 in the morning, the informant heard that a dead body was lying near Jakhraj Baba Satyan and when the informant went there, he found his brother was lying dead and his neck was found cut by a sharp weapon. The informant has alleged that his brother has been killed by the petitioner along with other accused persons. Learned counsel for the petitioner submits that except confessional statement of the petitioner no other material has come against him during course of trial and this Court while rejecting the bail application of the petitioner on merit had granted liberty to him to renew his prayer for bail after one year, if the trial does not show any progress. Learned counsel referring to Annexure-5, submits that charges have not yet been framed by the learned trial court.
On the other hand, learned counsel for the informant submits that tower location of mobile of the petitioner was found near the place of occurrence and there is electronic evidence against him also.
Regard being had to the submissions made by the
Patna High Court CR. MISC. No.60148 of 2021(2) dt.27-10-2021 3/3 parties and taking into consideration the material on record and the fact that the petitioner is in custody since 21.11.2019, charges have not yet been framed, and this is the second attempt for bail on behalf of petitioner, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, BAJRANGI SAW @ SAKA 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 Sessions Judge, Jamui in connection with Jamui PS Case No. 563/2019 arising out of Sessions Trial No. 63/2021 subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Anil Kumar Sinha, J) perwez U T