Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50725 of 2022 Arising Out of PS. Case No.-213 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== 1.

Dhananjay Kumar Son Of Nand Kishore Sah Resident Of Shivnagar, P.S.- Riga, District- Sitamarhi-843327 2.

Vijay Kumar Sah @ Vijay Kumar Son Of Nand Kishore Sah Resident Of Shivnagar, P.S.- Riga, District- Sitamarhi-843327 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 307, 379, 454, 34 of the Indian Penal Code and later on Section 302 of I.P.C. was added.

As per prosecution case, petitioner along with other co-accused entered the house of the informant in the night along with lethal weapon and assaulted the father-in-law, mother-in-law, dewars of the informant who sustained grievous injury and during course of treatment her father-inlaw died.

Patna High Court CR. MISC. No.50725 of 2022(3) dt.19-01-2023 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Both parties are agnates and a land dispute going on between them due to which the petitioners have falsely been implicated in this case. There is case and counter case between the party. It is further submitted that the father-in-law of the informant, aged about 65 years who died after two months in course of treatment. Moreover, similarly situated co-accused namely, Nand Kishore Sah has already been granted bail by a different co-ordinate bench of this court vide order dated 13.12.2021 in Cr. Misc. No. 18218 of 2021 and the same has been annexed as Annexure-3 with this petition. It is further submitted that the petitioners are languishing in judicial custody since 26.4.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Riga P.S. Case No. 213 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.50725 of 2022(3) dt.19-01-2023 3/3 like amount each to the satisfaction of learned Additional District & Sessions Judge-IV, Sitamarhi.

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