Patna High CourtCR. MISC./20130/2024bail granted

Jagdish Pathak v. The State Of Bihar

2024-03-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20130 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== JAGDISH PATHAK S/o Late Awadhlal Pathak Resident of Mehdashahpur, Ward No.-1, P.S.-Cheriya Bariyarpur, Dist.-Begusarai, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar, Advocate For the Opposite Party/s :

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Cheriya Bariyarpur P.S. case No. 252 of 2023 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Prosecution case, in short, is that petitioner along with other co-accused persons killed the deceased by strangulating him.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned

Patna High Court CR. MISC. No.20130 of 2024(2) dt.19-03-2024 2/2 counsel further submitted that petitioner is a 73 year old senior citizen and happens to be the grandfather-in-law of the deceased and suffering from several old age ailments. Petitioner has got no concern with the alleged occurrence and he has been dragged in this case merely because he happens to be the family members of the wife of the deceased. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.01.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cheriya Bariyarpur P.S. case No. 252 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T