Nawal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22212 of 2021 Arising Out of PS. Case No.-152 Year-2020 Thana- PURNAHYA District- Sheohar ====================================================== 1.

NAWAL THAKUR S/O LATE RAJ KUMAR THAKUR R/o villagePurnahiya, P.S.- Purnahiya, District- Sheohar 2.

Ram Babu Thakur S/o Nawal Thakur R/o village- Purnahiya, P.S.- Purnahiya, District- Sheohar 3.

Parmila Devi W/o Nawal Thakur R/o village- Purnahiya, P.S.- Purnahiya, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Jainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-11-2021 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the accused persons including the three petitioners herein are stated to have assaulted the father of the informant with fists and kicks. It is stated that petitioner no.1 assaulted the informant's father leading to his death.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in

Patna High Court CR. MISC. No. 22212 of 2021(3) dt.18-11-2021 2/2 the case. The allegations are general and omnibus in nature. Further from perusal of the F.I.R. it would transpire that there is no allegation of use of any weapon on part of the accused persons. The cause of false implication of the petitioners is land dispute between the parties.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioners being in custody since 27.102020 and not having any criminal antecedent, the Court directs the petitioners to be enlarged on bail in connection with Purnahiya P.S. Case no.152 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Sheohar.

(Partha Sarthy, J) Bibhash U