The High Court of Patna granted regular bail to the petitioner charged withmurder (Sections 302/34 IPC), relying on the circumstantial nature of evidence, similar bail orders for co-accused, and the petitioner's custody duration.
Petitioner released on regular bail by furnishing bond of Rs. 20,000 with two sureties of similar amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30967 of 2021
Arising Out of PS. Case No.-122 Year-2018 Thana- CHAUSA District- Madhepura
======================================================
BAJRANGI SINGH Son of Late Sohan Singh R/o- village - Khoparia, P.S.Chousa, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Navjot Yeshu, Adv. Mr.Alok Kumar Singh For the Opposite Party/s : Mr. A.L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 08-03-2022 Heard learned counsel for the parties.
Petitioner seeks regular bail in connection with
Chausa P.S. Case No. 122 of 2018 registered for the offence
under Sections 302 / 34 of the I.P.C.
Allegation in nutshell is that one Mantosh Singh @ Matukki had taken a loan of Rs. 3 Lakh from the son of the informant and when the son of the informant demanded his money back, he was taken away from his house by the coaccused / Mantosh Singh @ Matukki in the night of 23 / 5 / 2018 and subsequently the dead body of the son of the informant was found in a maize field of Kamal Kishore Jha. The villagers informed to the informant that they had seen the petitioner along with others beating the informant’s son and
Patna High Court CR. MISC. No.30967 of 2021(4) dt.08-03-2022 2/3
taking him away towards bahiyar (agricultural field).
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to political reason inasmuch as the sister-in-law of the petitioner was elected as ‘Pramukh’ of Chausa block and at that point of time one Suman Kumar Singh joined as SHO in Chausa Police Station and at the behest of political rivals the petitioner has been implicated in this case along with various other cases, which have been mentioned in paragraph no.-3 of the supplementary affidavit. He further submits that even from perusal of the First Information Report it would be evident that the name of the petitioner has been dragged in this case on the basis of hearsay evidence and nobody has seen the occurrence in which the informant’s son has been killed and the main accused / Mantosh Singh @ Matuki Singh in Cr. Misc. No. 37604 / 2019 as well as similarly situated other accused persons namely, Shankar Singh vide Cr. Misc. No. 67034 of 2019, Pankaj Muni vide Cr. Misc. 82018 of 2019 & Sunil Singh vide Cr. Misc. No. 9936 of 2020 have been granted bail by different Co-ordinate Benches of this Court. Petitioner is in custody since 3-9-2020 and charge sheet has already been submitted.
Regard being had to the submissions made by the
Patna High Court CR. MISC. No.30967 of 2021(4) dt.08-03-2022 3/3
parties and taking into consideration the materials available on record, the fact the case is based upon circumstantial evidence, similarly situated co-accused persons have been granted bail by different Co-ordinate Benches of this Court and petitioner is in custody since 3 / 9 / 2020, as such, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, District - Madhepura in connection with Chausa P.S. Case No. 122 of 2018 on the following condition:-
(a) that the petitioner shall remain present
on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J)
praful/-
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner charged with murder.
Whether political motivation and hearsay evidence justify release on bail.
1 provisions across 1 enactments
Bajrangi Singh
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
