Shivjee Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19275 of 2022 Arising Out of PS. Case No.-795 Year-2021 Thana- MAHUA District- Vaishali ====================================================== SHIVJEE DAS Son of Late Jitan Das Resident of Village - Parmanandpur, P.S.- Mahua, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 147, 323, 354B, 379, 504 and 506 of the Indian Penal Code and later on Section 302 of the I.P.C. was also added.

As per the prosecution case, the petitioner and other co-accused persons with five unknown persons armed with weapons are alleged to have assaulted the informant, his wife and son. His wife was also molested by them.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case on account of land dispute. The petitioner has clean antecedent as stated at para 3 of the bail petition. There is general and omnibus allegation against the petitioner. Chargesheet has already been submitted against the petitioner. Learned counsel for the petitioner has further submitted that the injured died after 14 days from the date of occurrence. As per the postmortem report, the cause of death is Cardio-respiratory arrest, multi-organ failure due to Septicemia. The petitioner is in custody since 27.02.2022. The petitioner is aged about 67 years old.

Learned A.P.P. for the state opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua, P.S. Case No. 795 of 2021. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T