Patna High CourtCR. MISC./35638/2021bail granted

Anil Lohar v. The State Of Bihar

2021-10-25Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35638 of 2021 Arising Out of PS. Case No.-253 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== ANIL LOHAR S/o Late Khuddi Lohar Resident of Janta Chauk, Gumti No. 3, Near Khala Lohar Patti, P.S.- K.Hat, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 34956 of 2021 Arising Out of PS. Case No.-253 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== CHHOTU PASWAN Son of Shiv Charan Paswan Resident of Chauk, Gumti No.3, Near Dhala Lohar Patti, Police Station- K.Hat, District- Purnea. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 35638 of 2021) For the Petitioner/s :

Mr. Raj Kumar For the Opposite Party/s :

Mr. Yogendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 34956 of 2021) For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2021 Since both the bail petitions arise out of the same PS case, they have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for

Patna High Court CR. MISC. No.35638 of 2021(4) dt.25-10-2021 2/3 the offence punishable under Section 302/34, 120B of the Indian Penal Code.

As per the prosecution case, the informant suspected that these petitioners along with other accused persons committed the murder of deceased. It is further alleged that prior to the occurrence these petitioners had threatened the deceased with dire consequences.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. The informant is not an eye witness of the occurrence and except suspicion there is no other material against these petitioners. In fact nobody has seen the commission of the crime. Petitioners claim clean antecedent and are in custody since 31.12.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that prior to the occurrence these petitioners had threatened the deceased and thereafter they brutally murdered the deceased.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.35638 of 2021(4) dt.25-10-2021 3/3 satisfaction of Chief Judicial Magistrate, Purnea in connection with Sadar PS case No. 253/ 2020.

(Prabhat Kumar Singh, J) BKS/- U T