Patna High CourtCR. MISC./40393/2018bail granted

Bijay Das v. The State Of Bihar

2018-07-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40393 of 2018 Arising Out of PS.Case No. -27 Year- 2013 Thana - BARIYARPUR District- MUNGER ===================================== Bijay Das S/o Doman Das @ Doman Ravidas, R/o Vill. Jhauva Bahiyar, P.S.- Bariarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-07-2018 The petitioner seeks bail in connection with Bariarpur P.S. Case No. 27 of 2013 dated 24.03.2013 instituted for the offences under Sections 302, 201, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

One Ashok Yadav was killed way back in the year 2013 by eight accused persons who have been named in the F.I.R. The F.I.R, though, has been lodged by the father of the deceased but he is not the eye witness to the occurrence. It has been alleged that because of enmity, coaccused Mritunjay Yadav and others killed the deceased by chopping off his head. After some time, the trunk of the body was also recovered from the field.

The name of the petitioner transpired in the

Patna High Court Cr.Misc. No.40393 of 2018 (2) dt.10-07-2018 2/2 confession of the co-accused Mritunjay Yadav. The learned counsel for the petitioner has informed this Court that aforesaid Mritunjay Yadav was put on trial but for the paucity of evidence, he has been acquitted. Since the petitioner was not named in the F.I.R and he did not know about his false implication, he had gone out of the State of Bihar to earn his livelihood. Only after knowing about his having been made accused in the present case, he promptly came and surrendered on 23.03.2018. One of the other accused persons has been granted bail by this Court.

Considering the aforestated facts, the petitioner above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Bariarpur P.S. Case No. 27 of 2013.

(Ashutosh Kumar, J) Shageer/- U T