Putul Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24576 of 2021 Arising Out of PS. Case No.-69 Year-2019 Thana- PHENHARA District- East Champaran ====================================================== SATYENDRA THAKUR Son of Palita Thakur Resident of MohallaFulwariya, P.s.- Phenhara, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar Ms.Rashmi Jha Mr.Sharad Kumar Verma Ms.Prerna Rishi Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioner seeks bail in connection with Phenhara P.S. Case No.69 of 2019 registered for the offence punishable under Sections 147, 148, 149, 302 of the Indian Penal Code. Allegation against the petitioner is that he along with other accused persons has assaulted the brother-in-law of the informant by means of lathi-danda saying that he is a child-lifter. It is alleged that his brother-in-law died due to that assault.

Patna High Court CR. MISC. No.24576 of 2021(2) dt.06-09-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to dirty village politics. There is no specific overt act against the petitioner rather the allegations are general and omnibus in nature and the petitioner is not the main assailant. Similarly situated co-accused persons have been granted bail vide Cr. Misc. No.83353 of 2019 dated 23.01.2020 and Cr. Misc. No.14725 of 2020 dated 02.03.2020 passed by co-ordinate benches of this Court. The petitioner has no criminal antecedent and has been languishing in custody since 21.01.2021.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 12th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Phenhara P.S. Case No.69 of 2019.

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