Jagdish Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54719 of 2021 Arising Out of PS. Case No.-56 Year-2020 Thana- BATH District- Bhagalpur ====================================================== 1.

JAGDISH DAS SON OF LATE SUDHIR DAS R/O VILLAGEKUMAITHA, P.S.- BATH, DIST.- BHAGALPUR 2.

SUNNY DAS SON OF JAGDISH DAS R/O VILLAGE- KUMAITHA, P.S.- BATH, DIST.- BHAGALPUR 3.

MUNNI DEVI WIFE OF JAGDISH DAS R/O VILLAGE- KUMAITHA, P.S.- BATH, DIST.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pandey, For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 302 IPC.

Allegedly, the FIR named accused persons including the petitioners are said to have assaulted the husband of informant by means of lathi, danda leading to his murder. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.54719 of 2021(3) dt.09-11-2022 2/2 They have been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. Petitioners have no criminal antecedent. Learned counsel for the petitioners further submits that there is no eye-witness in the present case. Only on suspicion, they have been falsely implicated in the present case. In the case diary, there is no evidence against the petitioners. There is no specific allegation against the petitioners.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 court below where the case is pending/Successor Court in connection with Bath P.S. Case No.56 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- divyanshi/ U T