Rohit Kumar @ Mallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7034 of 2023 Arising Out of PS. Case No.-431 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

Rohit Kumar @ Mallu Son Of Late Gulab Ram R/V- Jagdishpur, Purab Mohalla, Ward No. 18, P.S.- Jagdishpur, Dist- Bhojpur 2.

Akashdeep @ Golu Son Of Rajendra Ram R/V- Jagdishpur, Purab Mohalla, Ward No. 18, P.S.- Jagdishpur, Dist- Bhojpur 3.

Pappu Ram @ Gorakh Son Of Ramjee Ram R/V- Jagdishpur, Purab Mohalla, Ward No. 18, P.S.- Jagdishpur, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mira Kumari For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Jagdishpur P.S. Case No. 431 of 2022 registered for the offence under Sections 147, 149, 341, 323, 302 of the IPC but the cognizance has been taken u/s 147, 149, 341, 323, 304 of the Indian Penal Code.

The prosecution case, in short, is that on 29.8.2022 at about 6:30 PM the accused persons including the petitioners came at informant house and pushed the father of the informant and assaulted him as a result of which informant's father fell

Patna High Court CR. MISC. No.7034 of 2023(2) dt.11-04-2023 2/3 down after being unconscious. Thereafter, he was taken to hospital for treatment where he was declared brought to dead. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. There is case and counter case between the parties. From perusal of FIR, the allegation has been made against the petitioners are general and omnibus in nature. There is no specific overt-act is against the petitioners. It is further submitted that the informant's father died due to illness. As per postmortem report, cause of death of the deceased is due to circulatory and cardio pulmonary arrest. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. Moreover, the petitioners are languishing in judicial custody since 30.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Jagdishpur P.S. Case No. 431 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.7034 of 2023(2) dt.11-04-2023 3/3 amount each to the satisfaction of learned A.C.J.M. 1st, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Amandeep/- U T