Allowed

Ashok Dharhi v. the State of Bihar

Patna HC28 Mar 2022CR. MISC./53385/2021

Case brief

AI extract

What is this about?

In three consolidated criminal miscellaneous cases, the Patna High Court granted regular bail to petitioners accused of murder and related offences. The court relied on the fact that the charges were based primarily on a confessional statement and circumstantial evidence.

What did the court decide?

Granted regular bail on furnishing bonds of Rs. 20,000 each with two sureties to the satisfaction of the ACJM-IV and 5th Additional District and Sessions Judge, Nalanda.

Ashok Dharhi Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31910 of 2021

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Arising Out of PS. Case No.-9 Year-2021 Thana- SARE District- Nalanda

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======================================================

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AJAY DHARHI S/O MITHLESH DHARHI R/o village- Onda, P.S.- Sare, Distt.- Nalanda

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Chandan Dharhi @ Milan Dharhi S/o Late Sikendar Dharhi R/o villageOnda, P.S.- Sare, Distt.- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 53385 of 2021

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Arising Out of PS. Case No.-9 Year-2021 Thana- SARE District- Nalanda

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====================================================== ASHOK DHARHI S/o Late Chhote Dharhi R/o village- Onda, P.S.- Sare, District- Nalanda

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 60360 of 2021

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Arising Out of PS. Case No.-9 Year-2021 Thana- SARE District- Nalanda

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====================================================== SANTOSH DHARHI Son of Ashok Dharhi Resident of Village - Onda, P.S.Sare, Distt.- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 31910 of 2021) For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. (In CRIMINAL MISCELLANEOUS No. 53385 of 2021) For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Dr. (Mrs.) Indiwar Kumari, A.P.P. (In CRIMINAL MISCELLANEOUS No. 60360 of 2021) For the Petitioner/s : Mr.Pankaj Kumar, Advocate

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Patna High Court CR. MISC. No.31910 of 2021(4) dt.28-03-2022 2/4

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For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 28-03-2022

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State.

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Petitioners seek regular bail in connection with Sessions Trial No. 476 of 2021 arising out of Sare P.S. Case No. 09/2021 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code 1860. Subsequently, Sections 302 and 201/34 of the Indian Penal Code were added.

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The allegation, as per the First Information Report, is that the petitioner of Cr. Misc. 60360/2021 called the nephew of the informant on 9.1.2021 and, thereafter, the nephew of the informant did not return. It has further been alleged that upon search, the dead body of the nephew of the informant was recovered from a well after six days i.e. on 15.1.2021.

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Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to the fact that the daughter of the petitioner Ashok Dharhi

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Patna High Court CR. MISC. No.31910 of 2021(4) dt.28-03-2022 3/4

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was having love affair with Raja Kumar (deceased). Learned counsel further submits that confessional statement of Ashok Dharhi was recorded and the petitioners have been made accused on the basis of confessional statement and except confessional statement, there is no material against the petitioners to connect them with the present offence. The petitioners are in custody since 24.1.2021 and 23.01.2021 respectively and charge sheet has already been submitted.

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Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that prima facie it appears that the petitioners have been made accused on the basis of confessional statement and circumstantial evidence and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.

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Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-IV and 5^th Additional District and Sessions Judge, Nalanda at

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Patna High Court CR. MISC. No.31910 of 2021(4) dt.28-03-2022 4/4

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Biharsharif in connection with Sessions Trial No. 476 of 2021 arising out of Sare P.S. Case No. 09 of 2021 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

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(Anil Kumar Sinha, J)

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S.Ali/- U T

Ashok Dharhi v. the State of Bihar

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Ashok Dharhi v. the State of Bihar

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