Bihari Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38408 of 2021 Arising Out of PS. Case No.-388 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== 1.

BIHARI HANSDA Son of Late Puran Hansda @ Purna Hansda Resident of Village- Sidhumahder, P.S.- Laxmipur, District- Jamui. Mahesh Hansda Son of Suresh Hansda Resident of Village- Sidhumahder, P.S.- Laxmipur, District- Jamui.

Congress Hansda Son of Gula Hansda @ Gultha Hansda Resident of Village- Sidhumahder, P.S.- Laxmipur, District- Jamui. Temho Hansda @ Temi Hansda Son of Late Ramdeo Hansda Resident of Village- Sidhumahder, P.S.- Laxmipur, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code to which section 302 was added subsequently.

As per the prosecution case, the eleven named accused persons including the petitioner nos. 1, 2 and 3 herein are stated to have come variously armed and of having assaulted the informant and the members of his family. It is stated that one

Patna High Court CR. MISC. No.38408 of 2021(4) dt.07-02-2022 2/2 of the injured died two months later in course of treatment and section 302 of the Indian Penal Code was added. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The allegations are general and omnibus in nature. There is a case and counter case between the parties. The petitioner nos. 4 is not named in the F.I.R. The petitioner nos. 1 to 3 are in custody since 25.1.2021 and petitioner no.4 is in custody since 6.2.2021. They have no criminal antecedents. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners having remained in custody for over 1 year and investigation in the case having concluded, the Court directs all the four petitioners to be enlarged on bail in connection with Laxmipur P.S. Case no. 388 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui. (Partha Sarthy, J) Bibhash/- U