Patna High CourtCR. MISC./29443/2017bail granted

Pawan Das And ANR v. The State Of Bihar

2017-07-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29443 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -BARGANIA District- SITAMARHI ======================================================

1. Pawan Das, son of Late Harihar Das.

2. Kaushal Das, son of Late Harihar Das Both residents of village - Sekhauna, Police Station - Bairagania, District - Sitamarhi. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Amitesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners seek regular bail in connection with Bairagania P.S. Case No.45 of 2017 registered for the alleged offences under Sections 341, 323, 307, 353, 272, 273/34 of the Indian Penal Code.

As per the prosecution case, 72 liters of Nepali wine was seized from the possession of the petitioners and the two other accused persons and one of them inflicted knife blow on the head of Bir Bahadur Singh, S.P.O. during course of search and seizure. It has been submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. They have been falsely implicated in this case. The petitioners have clean antecedent. It has also been submitted that

Patna High Court Cr.Misc. No.29443 of 2017 (02) dt.01-07-2017 2/2 the injury found on the person of the victim is simple in nature. The allegations levelled against them are general and omnibus in nature. They have been languishing in jail custody since 26.02.2017.

In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bairagania P.S. Case No.45 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T