Pahwari Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19700 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== 1.

PAHWARI KUSHWAHA Son of Late Ramuna Kushwaha 2.

HARIOM KUSHWAHA 3.

MUNNA KUSHWAHA Both Sons of Pahwari Kushwaha All Resident of Village- Barawa, Police Station- Dhanaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2021 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Petitioners seek regular bail in connection Dhanha P.S. Case no. 66 of 2020 registered for the offence punishable under sections 341, 323, 324, 307, 302, 504 and 120B/34 of the Indian Penal Code.

Learned counsel for the petitioners draws the attention of the court to Annexure 3 series and submits that all accused persons have been granted privilege of regular bail and as far as these petitioners are concerned, from bare perusal of the allegation as alleged in the FIR, it would manifest that no specific overt-act has been alleged against them.

Patna High Court CR. MISC. No.19700 of 2021(2) dt.15-11-2021 2/2 Learned counsel for the informant vehemently opposed the bail application but on query of the court as to whether accused persons who have been granted bail vide annexure 3 series, are similarly situated or not on that learned counsel for the informant fairly submits that the present petitioners are also similarly situated like co-accused who have been granted bail. Learned APP also fairly submits that co-accused who have been granted bail similarly situated like the petitioners. Considering the facts that similarly situated coaccused have been granted regular bail, petitioners are in jail custody since 13.01.2021 and charge sheet has been submitted, petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Bagaha, West Champaran in Dhanha P.S. Case no. 66 of 2020.

(Satyavrat Verma, J) s.hassan/- U T