Patna High CourtCR. MISC./46165/2017allowed

Nagendra Kumar @ Nagendra Das And ANR v. The State Of Bihar

2017-09-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46165 of 2017 Arising Out of PS.Case No. -98 Year- 2015 Thana -KONCH District- GAYA ======================================================

1. Nagendra Kumar @ Nagendra Das son of Late Keshwar Das Resident of Village - Khajuri Police Station - Konch, District - Gaya.

2. Arjun Kumar son of Late Baldev Das Resident of Village - Matay, Police Station - Panchanpur, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Opposite Party/s : Smt. Indu Bala Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Konch P.S. Case No. 98 of 2015 registered under Sections 302 and 201/34 of the Indian Penal Code.

One Manju Devi and the petitioners are said to have committed murder of the deceased Yogendra Das by assaulting him by means of hammer over the family dispute with his wife Manju Devi as the deceased was drug addicted and alcoholic. It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. As a matter of fact, as per the FIR itself, the deceased was drug

Patna High Court Cr.Misc. No.46165 of 2017 (2) dt.21-09-2017 2/2 addicted and alcoholic and under influence of alcohol, he fell down on the ground and sustained injury which proved fatal. Manju Devi who happens to be the wife of the deceased has been enlarged on bail by a co-ordinate bench of this Court vide order dated 09.02.2016 passed in Cr. Misc. No. 45499 of 2015. The petitioners have been languishing in custody since 28.06.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No. 98 of 2015.

(Prakash Chandra Jaiswal, J) Mishra/- U T