Bhikhari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17191 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.

Bhikhari Sah Son Of Late Jugeshar Sah R/O-Dhurbar, P.S.-PARSAUNI, Distt.-SITAMARHI 2.

Kaushalya Devi Wife Of Bhikhari Sah R/O-Dhurbar, P.S.-PARSAUNI, Distt.-SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Parsauni P.S. Case No. 106 of 2023 registered under sections 363, 365, 506 and 34 of the Indian Penal Code and subsequently added Sections 364, 302, 201 and 120B of the IPC. Allegation against co-accused persons is that they committed murder of the informant's minor son, namely, Hira Kumar by pressing his neck. It is further alleged that the petitioners also involved in the said occurrence. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. Nothing specific allegations have been levelled against the petitioners rather the specific

Patna High Court CR. MISC. No.17191 of 2024(2) dt.14-03-2024 2/2 allegation of committing murder of the informant's son is against co-accused Mishri Lal. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by this Court vide order dated 27.02.2024 in Cr. Misc. No. 76654 of 2023 and 83598 of 2023. Moreover, the petitioners are languishing in judicial custody since 23.08.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Parsauni P.S. Case No. 106 of 2023 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 Judicial Magistrate-1st Class, Sitamarhi.

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