Patna High CourtCR. MISC./17771/2024allowed

Sakaldeo Mochi v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17386 of 2024 Arising Out of PS. Case No.-627 Year-2023 Thana- GOPALPUR District- Patna ====================================================== Sadan Ravidas Son of Sri Sakaldeo Mochi R/v- Domnachak, P.S.- Gopalpur, Dist.- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 17771 of 2024 Arising Out of PS. Case No.-627 Year-2023 Thana- GOPALPUR District- Patna ====================================================== Sakaldeo Mochi S/o Late Prasad Mochi R/v- Domnachak, P.S.- Gopalpur, Distt.- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 17386 of 2024) For the Petitioner/s :

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

Mr.Abhay Kumar (In CRIMINAL MISCELLANEOUS No. 17771 of 2024) For the Petitioner/s :

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

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Gopalpur P.S. Case No. 62 of 2023 registered for the offence under Sections 341, 323, 307, 34 of the Indian Penal Code. 3 As per prosecution case, the informant alleged that

Patna High Court CR. MISC. No.17386 of 2024(2) dt.14-03-2024 2/3 the petitioners along with co-accused surrounded him which he was coming from his nephew house and co-accused Lalan Ravidas fired by his pistol due to which he sustained injury.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to malafide intention. From perusal of FIR, it appears the specific allegation of firing has been made against co-accused Lalan Ravidas. There is no allegation against the petitioners to assault the informant. No any incriminating article has been recovered from possession of these petitioners. It is further submitted that the petitioners Sadan Ravidas and Sakaldeo Mochi are languishing in judicial custody since 23.11.2023 & 1.10.2023 respectively.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Gopalpur P.S. Case No. 627 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.17386 of 2024(2) dt.14-03-2024 3/3 of learned Judicial Magistrate 1st class, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T