Ramashish Bind And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2159 of 2019 Arising Out of PS. Case No.-79 Year-2018 Thana- MAHKAR District- Gaya ======================================================

1. Ramashish Bind s/o Chhottu Bind Resident of Village-Mhaveerganj, P.S.- Mahkar, District-Gaya

2. Satyendra Bind s/o Ramashish Bind Resident of Village-Mhaveerganj, P.S.- Mahkar,District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Mahkar P.S. Case No. 79/2018, instituted for offences under Section(s) 147, 148, 149, 504, 323, 379, 506 and 307 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was also added. Learned counsel for the petitioners has submitted that petitioner no. 1 and informant are own brother. There is land dispute between the parties for which there is case and counter case between the parties. Co-accused Jitendra Bind has lodged Mahkar P.S. Case No. 80/2018 for the occurrence of same date against the informant and other family members. It is alleged in the written report that on the date of occurrence this petitioner along with other named accused

Patna High Court Cr.Misc. No.2159 of 2019(3) dt.07-02-2019 2/2 persons arrived at the house of informant and started abusing and assaulting the daughter of informant and other family members. Thereafter they took away cash of Rs. 2,000/- and gold ear ring.

In this manner, there is general and omnibus allegation against these petitioners in the written report. Post-mortem of informant is available in case diary, wherein no any external ante-mortem injury has been found on the person of deceased. Cause of death could not be established and various visceras have been preserved.

Petitioners are in custody since 25.07.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ixth, Gaya, in connection with Mahkar P.S. Case No. 79/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) rakhi/- U T