Birendra Bashki Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Birendra Bashki Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in connection with Sarsi P.S. Case No.182 of 2021 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, Purnea/concerned court, subject to the conditions under Section 437(3) Cr.P.C./Section 480(3) BNSS.

Issue for consideration

Whether the petitioner, named in the F.I.R. and in custody since 17.06.2024 in connection with Sarsi P.S. Case No. 182 of 2021 registered under Sections 302 and 34 of the Indian Penal Code, should be released on bail.

Court's answer

Considering that the implication of the petitioner is based upon the confessional statement of a co-accused and, prima facie, nothing incriminating surfaced to connect him with the crime, along with the facts and circumstances of the case, bail is granted.

Ratio / Principle

The petitioner, in custody since 17.06.2024, is directed to be released on bail in connection with Sarsi P.S. Case No. 182 of 2021 on furnishing a bail bond of Rs. 10,000/-.

Key takeaways

The bail is with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, Purnea/concerned court, subject to the conditions mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of the BNSS.ratio¶¶24

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Chandra Shekhar Jha, J.), oral order dated 07-02-2025 in CR. MISC. No.5820 of 2025, allowed the bail prayer of Birendra Bashki, accused named in the F.I.R. of Sarsi P.S. Case No. 182 of 2021 (District Purnia) registered under Sections 302 and 34 of the Indian Penal Code for the alleged murder of the informant's mother after she refused the sexual advancement of the petitioner and other accused persons. The grant rested on the court's observation that the petitioner's implication was based upon the confessional statement of a co-accused (Hopan Tudu @ Happan Tudu @ Rakesh Tudu) with, prima facie, nothing incriminating having surfaced to connect him with the crime, and his custody since 17.06.2024; counsel had represented that the informant was not an eyewitness, that the investigation was complete with the charge-sheet submitted, and that the co-accused had already been granted bail in Cr. Misc. No. 19060 of 2022 (order dated 13.12.2022). Petitioner directed to be released on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, Purnea/concerned court, subject to the conditions under Section 437(3) of the Cr.P.C./Section 480(3) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5820 of 2025

Arising Out of PS. Case No.-182 Year-2021 Thana- SARSI District- Purnia

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

Birendra Bashki S/o Babulal Bashki @ Babulal Baski R/o vill - Maliniya Baghmara, P.S. - Sarsi, Distt.- Purnia

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar, Adv For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 07-02-2025

Heard learned counsel appearing on behalf of the

petitioner and learned APP appearing on behalf of the State.

The petitioner seeks bail in connection with Sarsi P.S. Case No.182 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 17.06.2024.

The allegation against the petitioner is to

commit murder of the mother of informant when deceased refused to favor sexual advancement of petitioner and other accused persons.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.5820 of 2025(2) dt.07-02-2025 2/3

petitioner submitted that informant is not the eye witness of the occurrence and his name transpired on the basis of confessional statement of co-accused namely Hopan Tudu @ Happan Tudu @ Rakesh Tudu, where in furtherance of which no incriminating material was recovered/surfaced during the course of investigation, so as to connect this petitioner primafacie with the present occurrence of murder. It is submitted that save and except suspicion nothing survives against this petitioner, who is a man of clean antecedent. It is further submitted that aforesaid co-accused has already granted bail by this Court through Cr. Misc. No. 19060 of 2022 vide order dated 13.12.2022. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as implication of petitioner is based upon confessional statement of co-accused, where prima-facie,

Patna High Court CR. MISC. No.5820 of 2025(2) dt.07-02-2025 3/3

nothing incriminating surfaced to connect this petitioner with present crime in question, where petitioner is in custody since, 17.06.2024, accordingly above named petitioner directed to be released on bail in connection with Sarsi P.S. Case No.182 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten

Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Purnea/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of the BNSS.

(Chandra Shekhar Jha, J.)

S.Tripathi/-

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