Vinesh Tudu @ Binesh Tudu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7421 of 2020 Arising Out of PS. Case No.-21 Year-2019 Thana- GALGALIYA District- Kishanganj ====================================================== 1.

VINESH TUDU @ BINESH TUDU Son of Munsi Tudu Resident of Village-Birangachh, Aadiwasi Tola, P.S.-Galgalia, District-Kishanganj. 2.

Lakhan Tudu Son of Munsi Tudu Resident of Village-Birangachh, Aadiwasi Tola, P.S.-Galgalia, District-Kishanganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. The prosecution case in short is that when the elder brother of informant went to his sasural, the accused persons assaulted him badly due to which he died.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.7421 of 2020(3) dt.05-06-2020 2/3 the petitioners are in custody since 01.04.2019 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. The informant is not an eye witness to the alleged occurrence. The wife and son of the deceased and one more independent person have already been examined in this case. They have not supported the prosecution case. The deposition of the witnesses are Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, are directed to be released on bail on their personal bonds to the satisfaction of learned Additional Sessions Judge -IV, Kishanganj in connection with Galgalia P.S. Case No. 21 of 2019, Sessions Trial No. 116 of 2019.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection

Patna High Court CR. MISC. No.7421 of 2020(3) dt.05-06-2020 3/3 with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T