The Court enlarged the petitioner on regular bail in an apprehension of murder case, noting the petitioner's clean antecedents except one bail case and the fact that similarly situated co-accused persons had already been granted bail.
Petitioner released on regular bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.70466 of 2018
Arising Out of PS. Case No.-84 Year-2018 Thana- OBRA District- Aurangabad
======================================================
Sujeet Rajbanshi S/o Baban Rajbanshi, resident of Village- Chechari, P.S. Obra, District- Aurangabad.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Sri Nityanand ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 22-01-2019
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Obra P.S. Case No. 84 of 2018, registered for the offence punishable under Sections 302, 341, 323, 324, 325, 326, 307, 337, 338 and 34 of the Indian Penal Code.
The case of the prosecution is that on account of a dispute with regard to tying a cow to the peg, the villagers had intervened and thereafter, settled the dispute in the evening, however, subsequently, the accused persons had come to the house of the informant and one of the co-accused person, namely, Akhilesh Rajvanshi had assaulted the son of the informant resulting in his death. The allegation is regarding other persons of the informant side being assaulted
Patna High Court Cr.Misc. No.70466 of 2018(3) dt.22-01-2019 2/3
by the accused persons.
The learned senior counsel appearing for the petitioner has submitted that the entire family of the petitioner has been made accused including the ladies against whom there is only general and omnibus allegation of assaulting the deceased, however, the specific allegation is only against the co-accused person, namely, Akhilesh Rajvanshi. Barring one case, the petitioner is stated to be having a clean antecedent and in the said case, he is on bail. The petitioner is languishing in custody since 07.07.2018. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by orders dated 20.12.2018 passed in Criminal Miscellaneous No. 69297 of 2018, 20.12.2018 in Criminal Miscellaneous No. 72642 of 2018 and 19.12.2018 in Criminal Miscellaneous No. 70988 of 2018.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/(rupees ten thousand) with two sureties of the like amount each
Patna High Court Cr.Misc. No.70466 of 2018(3) dt.22-01-2019 3/3
to the satisfaction of learned Additional Sessions Judge, IIIrd, District-Aurangbad in connection with Obra P.S. Case No. 84 of 2018.
(Mohit Kumar Shah, J)
ajay gupta/- U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a murder case where co-accused persons have already been released.
Sujeet Rajbanshi
The State Of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
