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Patna High CourtCR. MISC./8280/2023allowed

Anjana Devi v. The State Of Bihar

2023-04-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8280 of 2023 Arising Out of PS. Case No.-689 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Anjana Devi W/O Umesh Mandal R/V- Chakbhuska, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

The allegation against the petitioner and other co-accused persons is that they broke into the house of deceased and dragged her out of house and shot her on temple due to which she succumbed to gun shot injury. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.8280 of 2023(2) dt.13-04-2023 2/3 falsely been implicated in the present case. It is further submitted that petitioner is a lady aged about 60 years and she has no knowledge about the alleged offence. There is admitted land dispute between the informant and accused persons. It is further submitted that charge sheet has been submitted against the petitioner. There is general and omnibus allegation against the petitioner. It is further submitted that petitioner was not present on the spot at the time of occurrence. Moreover, the petitioner is languishing in judicial custody since 22.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.8280 of 2023(2) dt.13-04-2023 3/3 bail in connection with Kahalgaon P.S. Case No. 689 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur.

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