Govind Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32505 of 2023 Arising Out of PS. Case No.-355 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Govind Nut Son Of Late Raghuvar Nut Resident Of Village- Nain Matahaniya, Ps- Mirganj, Distt- Gopalganj 2.

Antesh Nut Son Of Mahesh Nut Resident Of Village- Nain Matahaniya, PsMirganj, Distt- Gopalganj 3.

Mithun Nut Son Of Vijai Nut @ Raghuvar Nut Resident Of Village- Nain Matahaniya, Ps- Mirganj, Distt- 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.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they assaulted the brother of the informant by means of bricks and stones due to which his brother sustained injuries and died. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.32505 of 2023(3) dt.26-07-2023 2/2 have falsely been implicated in this case due to land dispute. There is no specific allegation of overt-act levelled against the petitioners rather general and omnibus allegation levelled against them. They have got no criminal antecedent. During investigation not a single witness has supported the prosecution version. It is further submitted that the petitioners are languishing in judicial custody since 07.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XV, Gopalganj.

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