Baiju Sah @ Baidhyanath Sah vs The State Of Bihar
2021 Latest Caselaw 2266 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.14157 of 2021
    Arising Out of PS. Case No.-108 Year-2020 Thana- RAJEPUR District- East Champaran
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Baiju Sah @ Baidhyanath Sah, aged about 76 years, Male, S/O Late Dhaneshwar Sah, resident of village- Mahamadpur Majhauliya, P.S- Rajepur, District-East Champaran at Motihari.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh along with Mr. Manish Kumar Singh, Advocates For the State : Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-06-2021

The matter has been heard via video conferencing.

2. The matter has been heard out of turn on the basis

of motion slip filed by learned counsel for the petitioner on

03.06.2021, which was allowed.

3. Heard Mr. Rajesh Kumar Singh, learned counsel

along with Mr. Manish Kumar Singh, learned counsel for the

petitioner and Mr. Md. Mushtaque Alam, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

4. The petitioner apprehends arrest in connection with

Rajepur PS Case No. 108 of 2020 dated 11.09.2020, instituted

under Sections 306, 201/34 of the Indian Penal Code. Patna High Court CR. MISC. No.14157 of 2021 dt.07-06-2021

5. The allegation against the petitioner, who is the

father of the deceased, is that he was party to killing him.

6. Learned counsel for the petitioner submitted that he

is 76 years old and is the father of the deceased having no

criminal antecedent. It was submitted that nobody has made any

complaint, including the wife of the deceased and most

importantly, when the deceased and his wife were living

separately and even the wife has not made any complaint of this

sort, the police have suo motu lodged the FIR, that too, only on

the ground that when the police reached the place where the

body was being cremated, everybody, including the petitioner

had run away. Learned counsel submitted that the deceased was

alcoholic and even the inquest report discloses that there was

smell coming from his mouth and in the postmortem report,

there is no specific finding and viscera has been sent for

forensic report. Learned counsel submitted that besides being

advanced in age, the petitioner has no criminal antecedent and

as he has already been burdened with the trauma of losing his

son, now, the police is also traumatizing him by filing this

patently false case. Learned counsel further submitted that it is

very natural for people to run away on seeing the police, but that

does not mean that they are involved in any wrong doing, at Patna High Court CR. MISC. No.14157 of 2021 dt.07-06-2021

least in the present case.

7. Learned APP could not controvert the fact that only

on the basis of the fact that persons had run away from the site

when the police reached, he has been made accused.

8. Having considered the facts and circumstances of

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

the event of arrest or surrender before the Court below within

six weeks from today, 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 concerned learned Judicial Magistrate, 1st Class, Sadar at

Motihari, (East Champaran) in Rajepur PS Case No. 108 of

2020, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973 and further (i) that one of

the bailors shall be a close relative of the petitioner, (ii) that the

petitioner shall cooperate with the Court and the

police/prosecution. Failure to cooperate shall lead to

cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioner, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of Patna High Court CR. MISC. No.14157 of 2021 dt.07-06-2021

hearing to the petitioner.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T