Shankar Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32662 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

SHANKAR DOM Son of Bilash Dom Resident of Village- Abhiya, P.S.- Gopalpur, District- Bhagalpur.

2.

Pramod Dom Son of Hakim Dom @ Hakim Malik Resident of VillageLatti- Pakar, P.S.- Gopalpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 302, 379/34 of the Indian Penal Code.

Prosecution case is that informant, Vikash Kumar has filed written report that above named accused petitioners have murdered his father while they were playing cards in the litchi garden on 29.02.2020. It is further alleged that petitioners have taken three silver rings from the father of the informant. It has been submitted on behalf of the petitioners that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.32662 of 2020(3) dt.19-01-2021 2/2 case. He submits that there is no overt act against the petitioners, no eye witness to the alleged occurrence and only suspicion, they have been made accused. He submits that no independent witnesses have supported the prosecution case. He further submits that nothing has been recovered from the possession of the petitioners and they are languishing in judicial custody since 30.04.2020.

However, learned APP for the State vehemently opposes the prayer for bail and submits that there is direct allegation on the petitioners. Case has been charge-sheeted and in case diary of para-2, 3, 7, 8, 9 and 31 it reveals that deceased was brutally assaulted which caused his death. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. Accordingly, their payer for bail is rejected at present in connection with Gopalpur P.S. Case No. 63 of 2020 pending before the court of the learned A.C.J.M. 1st , Naugachiya, Bhagalpur. Accordingly, the application is dismissed.

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