Mahesh Nut @ Mahesh Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24830 of 2024 Arising Out of PS. Case No.-355 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Mahesh Nut @ Mahesh Nat son of Late Raghuvar Nut @ Late Raghuvir Nut Village- Nain Mathihaniya Ps- Mirganj Dist- Gopalganj 2.

Rudal Nut @ Rudal Nat son of Late Raghuvar Nut @ Late Raghuvir Nut Village- Nain Mathihaniya Ps- Mirganj Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Mirganj P.S. Case No. 355 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, allegation against the accused persons along with the petitioner is to assault the brother of the informant by means of bricks and stones due to which his brother sustained injuries and died.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Both the parties are neighbours and there is land dispute between

Patna High Court CR. MISC. No.24830 of 2024(2) dt.04-04-2024 2/2 them due to which the petitioners have falsely been implicated in this case. No specific overt-act attributed against the petitioners rather general and omnibus allegation leveled against them. They have got no criminal antecedent and languishing in judicial custody since 1.11.2023. Moreover, similarly situated co-accused persons have already been granted bail by this Court vide order 26.7.2023 passed in Cr. Misc. No. 32505 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Mirganj P.S. Case No. 355 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 Chief Judicial Magistrate, Gopalganj.

(Sunil Kumar Panwar, J) Amandeep/- U T