Jagat Narayan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38946 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== Jagat Narayan Pandey Late Bhola Nath Pandey Village Rutpai, P.S. Shambhuganj, Dist. Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Shambhuganj P.S. Case No. 77 of 2023 G.R. No. 843 of 2023 lodged under Sections 302 /34 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against named accused persons in which a general and omnibus allegation has been made in this case. Learned counsel for the petitioner submits that in the F.I.R., it is very much clear that land dispute was going on and threatening was made from the side of the accused persons as mentioned in the F.I.R.. Counsel submits that on the ground of suspicion, the name of 9 accused persons have been described in the F.I.R., in which all are the family members.

Patna High Court CR. MISC. No.38946 of 2023(2) dt.07-07-2023 2/2 Counsel further submits that petitioner is in custody since 16.03.2023 having clean antecedent and charge-sheet has already been submitted in this case. Counsel submits that the petitioner is old aged person of about 89 years and he is unnecessarily languishing in jail.

Counsel further submits that due to his old age, he is suffering from various diseases and he is not able to work properly.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 77 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T