Ashok Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5287 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- Pali District- Jehanabad ====================================================== 1.

Ashok Bind S/o Ram Sogarath Bind R/o village- Bandhuchak, P.S.- Pali, District- Jehanabad 2.

Sudhir Bind S/o Awadhesh Bind R/o village- Bandhuchak, P.S.- Pali, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Bhola Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Pali P.S. Case no. 46 of 2020 registered under sections 307, 147, 148, 149, 188, 341, 323, 379, 504 and 506 of the Indian Penal Code. As per allegation in the F.I.R., on a dispute relating to land it is stated that Raju Bind struck with butt of the gun on the head of the informant's brother and on the informant going to his rescue Rabindra Bind struck the informant on his head with an iron rod.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.5287 of 2021(2) dt.05-04-2021 2/2 petitioners that the allegation as levelled in the F.I.R. are false and concocted. Admittedly, there was land between the parties as a result of which the petitioners have been falsely implicated in the case. The overt act is specific on the accused Raju Bind and Rabindra Bind and no overt act has been alleged against these petitioners. They are in custody since 17.10.2020 and have no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that no overt act has been alleged against these petitioners in the F.I.R. together with the period in custody, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Pali P.S. Case no. 46 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- 1st , Jahanabad. (Partha Sarthy, J) Bibhash/- U T