Safi Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67371 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Naveen Kumar S/o Late Bahadur Raut R/o Village - Mahaweer Nagar Hat Saraiya, Police station- Bairiya, District- west Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67511 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Safi Gaddi Son of Dhorha Gaddi @ Radha Gaddi @ Roda Gadi VillageGulab Chowk Patkhauli Ps- Bairiya Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 67371 of 2024) For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 67511 of 2024) For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary.
2. The petitioners seek bail in connection with Bairiya P.S. Case No. 213 of 2024 instituted for the offences under Sections 302/34 of the Indian Penal Code.
3. Prosecution story, in short, is that, on the alleged
Patna High Court CR. MISC. No.67371 of 2024(3) dt.20-11-2024 2/3 date and time, the accused persons including the petitioners have called the husband of the informant and took him away and, after two hours, the dead body of her husband was found on the door of her house. It is alleged that the petitioners along with other accused persons have murdered the informant's husband by pressing his neck with the help of a rope.
4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submits that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. There is on eye-witness to the occurrence. Learned counsel further submitted that police after investigation submitted Charge-sheet under Section 306 of the Indian Penal Code. Learned counsel further contended that informant's husband himself committed suicide and these petitioners are nowhere involved in the alleged occurrence. It has been submitted on behalf of the petitioners that the petitioners have no criminal antecedent. Learned counsel further submitted that petitioner, Safi Gaddi is in custody since 19.04.2024 whereas petitioner, Naveen Kumar is in custody since 18.04.2024.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.67371 of 2024(3) dt.20-11-2024 3/3 opposed the prayer for grant of bail to the petitioners. Learned counsel further submitted that police after investigation submitted Charge-sheet under Section 306 of the Indian Penal Code.
6. Considering the aforesaid facts and circumstances of the case, charge-sheet already being submitted and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bairiya P.S. Case No. 213 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T