Deosaran Bhagat vs The State Of Bihar
2021 Latest Caselaw 12 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32197 of 2020
      Arising Out of PS Case No.-161 Year-2015 Thana- VAISHALI District- Vaishali
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Deosaran Bhagat, aged about 45 years (male) Son of Late Jay Kishan Bhagat, Resident of Village-Chakiya Jagdishpur, PS-Paru, District-Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :        Mr. Krishna Kant Singh, Advocate
For the State            :        Ms. Veena Rani Prasad, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-01-2021

Heard Mr. Krishna Kant Singh, learned counsel for the

petitioner and Ms. Veena Rani Prasad, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Vaishali (Belsar OP) PS Case No. 161 of 2015 dated 26.05.2015,

instituted under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he had

strangulated the husband of the informant killing him and had

dumped the body at the house of the informant.

4. Learned counsel for the petitioner submitted that the

story in the FIR is self-contradictory, as in the beginning it is

stated that the husband was taken for performing some work but Patna High Court CR. MISC. No.32197 of 2020 dt.04-01-2021

later on it is stated that he had been taken on the pretext of paying

his arrears, but in order not to pay, he was killed by the petitioner.

It was submitted that the story is also unbelievable, for the reason

that if at all the petitioner was involved in the killing, he would not

have brought the body back to the house of the informant and

identified himself as the culprit. Learned counsel submitted that

the petitioner is a petty contractor and that the husband of the

informant committed suicide due to financial stress on account of

lock-down and having no criminal antecedent is in custody since

02.05.2020. Learned counsel further submitted that there is no

other eye witness to the occurrence.

5. Learned APP submitted that witnesses have supported

the prosecution case. However, he did not controvert that there is

no other eye witness, except for the informant.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Chief Judicial

Magistrate, Vaishali in Vaishali PS Case No. 161 of 2015, subject

to the conditions (i) that one of the bailors shall be a close relative

of the petitioner, (ii) that the petitioner and the bailors shall Patna High Court CR. MISC. No.32197 of 2020 dt.04-01-2021

execute bond with regard to good behaviour of the petitioner, and

(iii) that the petitioner shall also give an undertaking to the Court

that he shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the evidence

or influence the witnesses. Any violation of the terms and

conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in the

case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his bail

bonds.

7. However, this order is subject to the main application

supported by affidavit being e filed in this Court by learned

counsel for the petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T