Mantu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19201 of 2023 Arising Out of PS. Case No.-369 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.
Mantu Das, Son of Late Jagdish Das, Resident of Village - Mohdipur Harijan Tola, P.S.- Jagdishpur, District - Bhagalpur. 2.
Munna Das, Son of Late Jagdish Das, Resident of Village - Mohdipur Harijan Tola, P.S.- Jagdishpur, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307 and 379 of the Indian Penal Code. As per prosecution case, while the informant heard the notice near his P.D.S. shop, he reached there and saw that the petitioners along with other accused persons were consuming liquor outside his shop and were making nuisance. Thereafter, they came with iron rod and hit on the head of the informant and when the informant's brother came to his rescue, he was also assaulted by them. The
Patna High Court CR. MISC. No.19201 of 2023(2) dt.18-05-2023 2/3 accused persons tried to kill them but on noise they fled away after snatching the silver chain and Rs. 2000/- from them.
Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to village politics. Nothing incriminating article has been recovered from the conscious possession of the petitioners. As per injury report, the injuries sustained by the informant are simple in nature. There is case and counter case between the parties. Moreover, the petitioners have clean antecedent as per para 3 of the petition. It is further submitted that the petitioners are languishing in judicial custody since 20.08.2022.
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 as well as period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection
Patna High Court CR. MISC. No.19201 of 2023(2) dt.18-05-2023 3/3 with Jagdishpur P.S. Case No. 369 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur.
(Sunil Kumar Panwar, J) nirajkrs/lata/- U T