Awadhesh Das@Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35247 of 2020 Arising Out of PS. Case No.-64 Year-2018 Thana- DEWARIA District- Muzaffarpur ====================================================== 1.

AWDHESH DAS@AWADHESH KUMAR, 2.

PARVESH DAS, 3.

MUKESH DAS, All sons of Jagarnath Das, Resident of Village- Burhanpur, P.S.- Deoria, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

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

Prosecution case in brief is that the informant has alleged in his written application that in the night of 16.05.2018, he alongwith his family members was sleeping in his house and in the meantime, accused persons including the petitioners came and started abusing and when he forbade, all the accused persons assaulted his second son Jaikaran Das by lathi-danda as a result of which he died on the spot.

Patna High Court CR. MISC. No.35247 of 2020(3) dt.25-01-2021 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners and there is no specific overt act against them. The petitioners are in custody since 16.03.2020 and have got no criminal antecedent.

Learned APP for the State opposes the prayer for bail of the petitioners.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail after framing of the charge and after completion of the custody of one year on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Muzaffarpur, in connection with Deoriya P.S. Case No. 64 of 2018. (Anjani Kumar Sharan, J) amitkumar/- U T