Rajesh v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr.Balkrishna Mishra Mr.Dr.Mrityunjaya Kr.Gautam 2 04-09-2024 Heard the parties.

The petitioner seeks bail in connection with Triveniganj P.S. Case No.577 of 2022 registered for the offences punishable under Sections 148, 149, 448, 341, 323, 326, 307, 302, 427 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is named in the FIR and is in custody since 05.03.2024.

Allegation against the petitioner is to commit murder of the father of informant along with nine named co-accused persons after making a criminal trespass to the house of the informant, where murder was alleged to Patna High Court CR. MISC. No.58683 of 2024(2) dt.04-09-2024 be committed by inflicting multiple knife injuries.

It is submitted by learned counsel that the occurrence is free fight in nature, where both parties appears in inimical terms prior to this occurrence, where both parties received injures. It is submitted that for the same set of occurrence, a case as Triveniganj P.S. Case No.578 of 2022 was registered also by petitioner’s side. It is submitted that during the course of investigation, it appears that it was co-accused, Manoj, Samrat and Sadho Thakur, who specifically inflicted fatal knife injuries to the father of the informant causing his death. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case is completed for which, charge- sheet has been submitted and, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer for grant of bail to the petitioner.

In view of aforesaid facts and circumstances Patna High Court CR. MISC. No.58683 of 2024(2) dt.04-09-2024 and by taking note of fact as specific allegation qua inflicting total knife injuries surfaced against other co- accused persons and not against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 05.03.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st , Supaul in connection with Triveniganj P.S. Case No. 577 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T