Shyamlal Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22321 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

SHYAMLAL KUSHWAHA SON OF LATE SURAJNATH KUSHWAHA 2.

BRAJESH KUSHWAHA Son of Shyamlal Kushwaha Both resident of Village - Devkali, P.S.-Mohania, Distt.- Kaimur at Bhabua. 3.

RAMLAL KUSHWAHA Son of Late Kailash Kushwaha Resident of Village Tenaura, P.S.-Chainpur, Distt.- Kaimur at Bhabua. At present address- Near Patna More, Mohania, P.S.- Mohania, Distt.- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the five named accused persons including the three petitioners herein are stated to have assaulted the father of the informant leading to injuries. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. They are in custody since 13.1.2021 and chargesheet has been

Patna High Court CR. MISC. No.22321 of 2021(2) dt.22-10-2021 2/2 submitted in the case. They have no criminal antecedent and their case stands on a similar footing to that of the other two coaccused namely Hanuman Kushwaha and Bharat Kushwaha who have been enlarged on anticipatory bail vide order dated 23.6.2021 passed in Cr. Misc. no.40710 of 2020. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the injury report, the period in custody and grant of anticipatory bail to the other two co-accused, the Court directs the three petitioners to be enlarged on bail in connection with Mohania P.S. Case no.104 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 Chief Judicial Magistrate, Kaimur at Bhabua.

(Partha Sarthy, J) Saurabh/- U T