Bipin Saw Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bipin Saw Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai in connection with Kajra P.S. Case No. 51 of 2014, subject to physical appearance before the Trial Court on every date till conclusion of trial, failing which the Trial Court may cancel the bail bond.

Issue for consideration

Whether petitioner Bipin Saw should be released on regular bail in connection with Kajra P.S. Case No. 51 of 2014.

Court's answer

On perusal of the FIR, case diary and impugned order, the petitioner's name has figured only on the basis of suspicion and there is no other cogent material available on record.

Ratio / Principle

Other co-accused have already been granted bail by a co-ordinate Bench of this Court, supporting parity in favour of the petitioner.

Key takeaways

The petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.ratio¶19
The bail is conditional on the petitioner appearing physically before the Trial Court on each and every date fixed until conclusion of the trial.ratio¶21
If the petitioner defaults in appearance, the Trial Court is at liberty to cancel his bail bond.ratio

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), by order dated 20-08-2025 in Criminal Miscellaneous No.38626 of 2025 arising out of Kajra P.S. Case No. 51 of 2014 (District Lakhisarai), allowed regular bail to Bipin Saw, in custody since 28.11.2024, charged under Sections 147, 148, 341, 121, 121(A), 122, 123, 124(A), 120(B), 302 IPC, 16, 18, 20, 23 UAP Act and 27 Arms Act for the fatal shooting of Chaukidar Arjun Mandal, allegedly for spying for police against naxalites. Finding that the petitioner's name figured only on the basis of suspicion with no other cogent material on record, and noting that co-accused Bhola Mahto and Jitendra Paswan had already been granted bail by a co-ordinate Bench of the Court (Cr. Misc. Nos. 11020 of 2015 and 26562 of 2015), the Court directed release on a personal bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of S.D.J.M., Lakhisarai, conditioned on the petitioner's physical appearance before the Trial Court on every date till conclusion of trial, with liberty to the Trial Court to cancel the bail bond on default.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38626 of 2025

Arising Out of PS. Case No.-51 Year-2014 Thana- KAJRA District- Lakhisarai

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

Bipin Saw S/o Sharvan Sah R/o vill - Kharia, P.S.- Kajra, Distt.- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mayank Bilochan, Adv For the Opposite Party/s : Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

4 20-08-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Kajra P.S Case No. 51 of 2014 registered for the offences punishable under Sections 147, 148, 341, 121, 121(A), 122, 123, 124(A), 120(B), 302 of the Indian Penal Code and 16, 18, 20, 23 of UAP Act and 27 of Arms Act.

As per allegation in the FIR, petitioner along with other co-accused persons had shot bullet fire to one Chaukidar Arjun Mandal who died for spying for police and naxalities.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that allegation against the petitioner is of general and omnibus. He further submits that petitioner neither belongs to

Patna High Court CR. MISC. No.38626 of 2025(4) dt.20-08-2025 2/3

the naxalite group nor anyway concerned with the alleged offence. He further submits that there is no eye witness to the said occurrence and name of the petitioner has figured in this case only on mere suspicion and except this, there is no other cogent material against the petitioner. Charge-sheet has already been submitted. He further submits that petitioner is in custody since 28.11.2024 having five criminal antecedent. He further submits that co-accused persons namely Bhola Mahto and Jitendra Paswan has been granted bail vide Cr. Misc. No. 11020 of 2015 and 26562 of 2015.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR, entire case diary and impugned order dated 28.03.2025, it appears that petitioner’s name has been figured only on the basis of suspicion and except that there is no other cogent material available on record and other co-accused has already granted bail by the co-ordinate Bench of this Court, so, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.38626 of 2025(4) dt.20-08-2025 3/3

each to the satisfaction of learned S.D.J.M., Lakhisarai in connection with Kajra P.S. Case No. 51 of 2014 subject to condition that petitioner shall appear physically on each and every date fixed by the Trial Court till the conclusion of the Trial and if petitioner default his appearance, the Trial Court is at liberty to cancel the bail bond of the petitioner.

(Ramesh Chand Malviya, J)

Sunnykr/-

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