Amit Patel @ Amit Kr. Patel And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.43777 of 2015 (3) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43777 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -BARGANIA District- SITAMARHI ======================================================

1. Amit Patel @ Amit Kumar Patel Son of Shri Bhagwan Singh

2. Pappu Patel Son of Kameshwar Patel Both residents of Village - Nandwara, Police Station - Bairgania, District - Sitamarhi. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Lal Babu Singh For the Opposite Party : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2015 Heard the counsel for the petitioners, informant and counsel for the State.

The petitioners are languishing in jail since 07.05.2015 in a case instituted under Sections 147, 148, 149, 323, 324, 302, 307, 354, 380, 228, 504 and 506 of the Indian Penal Code and Sections 3(1)(x), 3(2) and (v) of the SC & ST(Prevention of Atrocities)Act.

As per prosecution case, it is alleged that the petitioners and other accused persons assaulted the deceased recklessly as a result of which he sustained serious injuries and during the course of treatment he died.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 07.05.2015. Chargesheet has

Patna High Court Cr.Misc. No.43777 of 2015 (3) dt.30-11-2015 been submitted in the case. There is no allegation of tampering of evidence against the petitioners. There is no specific allegation against them. General and omnibus allegation has been made against eight accused persons. In course of treatment, the deceased Tapendra Paswan is said to have succumbed to the injuries. On behalf of the State and the counsel for the informant, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioners 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 learned CJM, Sitamarhi in connection with Bairginia P.S.Case No.66 of 2015. (Sudhir Singh, J) B.Kr./- U T