Ganauri Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50655 of 2023 Arising Out of PS. Case No.-268 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

GANAURI RAJVANSHI Son of Late Karu Rajvanshi Resident of village - Chain Bigha, P.S. - Wazirganj, Distt. - Gaya 2.

Suresh Rajvanshi Son of Late Sonari Rajvanshi @ Somari Rajvanshi Resident of village - Chain Bigha, P.S. - Wazirganj, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jain For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 341, 323, 504, 308, 427, 379/34 and 302 of the Indian Penal Code.

As per allegation in the FIR, on the alleged date of occurrence when the informant was in her house, accused persons including the petitioners entered in her house and started abusing filthy language and when she raised objection, all the accused persons assaulted her and when her husband came to rescue her then all of them assaulted him by means of lathi-danda and khanti on his head due to which he sustained injury and succumbed to injury. They also damaged the door and khapara of her house and

Patna High Court CR. MISC. No.50655 of 2023(2) dt.11-08-2023 2/2 snatched mobile and money from her husband.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. There is case ad counter case between the parties. There is general and omnibus allegation against the petitioners and no specific overt act of assaulting against the petitioners. Similarly situated other co-accused has already been granted bail by this Bench vide order dated 15.05.2023 passed in Cr. Misc. No. 2300 of 2023. Petitioners are languishing in judicial custody since 13.01.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Gaya in connection with Wajirganj P.S. Case No. 268 of 2021.

(Sunil Kumar Panwar, J) lata/- U T