Shival Bind @ Shiwalak Jamadar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24609 of 2023 Arising Out of PS. Case No.-74 Year-2022 Thana- BIND District- Nalanda ====================================================== 1.

SHIVAL BIND @ SHIWALAK JAMADAR SON OF VISHNU BIND RESIDENT OF VILLAGE - SURATPUR, P.S. - BIND, DISTT. - NALANDA 2.

PANCH BIND @ PANCH JAMADAR SON OF VISHNU BIND RESIDENT OF VILLAGE - SURATPUR, P.S. - BIND, DISTT. - NALANDA 3.

RAMAN BIND @ RAVAN JAMADAR @ RAVAN BIND SON OF VISHNU BIND RESIDENT OF VILLAGE - SURATPUR, P.S. - BIND, DISTT. - NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 302 & 34 of the IPC.

3. Allegation against the petitioners is that they killed the son of the informant, who was assaulted by his in-laws (petitioner's side) four days prior to the date of murder.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the petitioners are the brothers-in-

Patna High Court CR. MISC. No.24609 of 2023(3) dt.07-08-2023 2/2 law of the deceased and the allegation leveled against these petitioners is not specific rather general and omnibus in nature. There is no eye-witness to the alleged occurrence and in the case diary also, it has come that no independent witness has supported the prosecution case and only on suspicion, petitioners have been made accused in the present case. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail by submitting that some of the witnesses have supported the prosecution case.

6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bind P.S. Case No.74 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T