The High Court granted regular bail to petitioner accused ofIPC 302and 120-Bmurder, noting lack of antecedents, false implication, and prior bail for co-accused.
Released on regular bail with bonds of Rs.10,000 each from petitioner and two sureties.
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.41158 of 2021
Arising Out of PS. Case No.-476 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran
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DASHRATH PRASAD S/O BASUDEV PRASAD R/O VILLAGEDHEKHA FAKIRA TOLA, P.S-MUFASSIL MOTIHARI, DISTRICT-EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Motihari Muffasil P.S. Case No. 476/2020 registered for the offences punishable under Sections 302/120-B of the Indian Penal Code 1860.
The allegation in nutshell is that three persons arrived at the door of the informant and took her father-in-law along with them and on the next date, the dead-body of the informant’s father-in-law was found in the field having cut injury on his neck. The name of petitioner along with others have been disclosed by the informant that they used to threaten the father-in-law and husband.
Patna High Court CR. MISC. No.41158 of 2021(4) dt.21-04-2022 2/3
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case due to previous enmity. He further submits that except suspicion against the petitioner and other named accused persons, no other material is there against the petitioner. Referring to paragraph-8 of the bail petition, learned counsel submits that the deceased was begger and he was not the father-in-law of the informant and one Shobha Devi lodged Mufassil P.S. Case No. 296 of 2018 against the husband and other family members of the informant for the offences under Sections 302, 120-B, 201, 379/34 of the Indian Penal Code, and to build undue pressure on the witnesses of that case including the petitioner, he has been implicated in this case by the informant. Learned counsel further submits that similarly situated co-accused persons have been granted regular/anticipatory bail by this Court and by a co-ordinate Bench of this Court in Cr. Misc. 58596/2021, 439/2022 and 20826 of 2021 respectively. The petitioner is in custody since 19.1.2021 and charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused persons have been
Patna High Court CR. MISC. No.41158 of 2021(4) dt.21-04-2022 3/3
granted regular/anticipatory bail by co-ordinate Bench of this Court as well as by this Court, the petitioner has got no criminal antecedent and except suspicion, there is no other material against him, he is in custody since 19.1.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Motihari Muffasil P.S. Case No. 476 of 2020.
(Anil Kumar Sinha, J)
S.Ali/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail.
Whether similar relief is appropriate given co-accusers' bail status and petitioner's antecedents.
1 provisions across 1 enactments
DASHRATH PRASAD
THE STATE OF BIHAR
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
