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Patna High CourtCR. MISC./13665/2022allowed

Rajkumar Das v. The State Of Bihar

2023-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13665 of 2022 Arising Out of PS. Case No.-382 Year-2020 Thana- CHANDI District- Nalanda ====================================================== 1.

RAJKUMAR DAS Son of Sri jai Kishun Das Resident of Village- Gopi Bigha, Chammartoli, P.S.- Chandi, Dist.- Nalanda. 2.

JAGDISH DAS S/o Sri Jai Kishun Das Resident of Village- Gopi Bigha, Chammartoli, P.S.- Chandi, Dist.- Nalanda.

3.

SHIV CHANDRA DAS Son of Sri Mishri Das Resident of Village- Gopi Bigha, Chammartoli, P.S.- Chandi, Dist.- Nalanda. 4.

PAPPU DAS Son of Sri Chandeshwar Das Resident of Village- Gopi Bigha, Chammartoli, P.S.- Chandi, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Chandi P.S. Case No. 382 of 2020 registered for the offence under Sections 147, 148, 149, 447, 448, 341, 342, 323, 307, 302, 380, 504, 506 of the IPC and Section 27 of the Arms Act. Prosecution case relates to commission of murder of the informant's nephew by the accused persons by firing shot. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. A statement has been

Patna High Court CR. MISC. No.13665 of 2022(3) dt.02-01-2023 2/2 made in para 3 of the petition that the petitioners have got no criminal antecedent. It is further submitted that petitioners were members of mob and no allegation of assaulting was found against them. The specific allegation of shot fire is against other co-accused namely, Satyendra Das. General and omnibus allegation leveled against these petitioners. It is further submitted that the petitioners were languishing in judicial custody since 05.04.2021.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners were directed to be released on bail in connection with Chandi P.S. Case No. 382 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. II, Hilsa, Nalanda.

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