Patna High CourtCR. MISC./52698/2022partly allowed disposal

Bindeshwari Prasad @ Bindeshwari Sah @ Bineshwary Prasad v. The State Of Bihar

2023-01-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52698 of 2022 Arising Out of PS. Case No.-220 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

BINDESHWARI PRASAD @ BINDESHWARI SAH @ BINESHWARY PRASAD S/o Mahavir Prasad @ Mahavir Sah R/o village- Dhawani, P.S.- Karakat, District- Rohtas 2.

DHARMENDRA PRASAD @ DHARMENDRA KUMAR S/o Mahavir Prasad @ Mahavir Sah R/o village- Dhawani, P.S.- Karakat, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar, Adv.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 302/34 of the IPC. As per prosecution case, the son of informant was found lying dead on the road side and his motorcycle and helmet was also lying beside the road. It is alleged that the F.I.R. named accused persons jointly committed the murder of informant's son due to previous land dispute.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case at the instance of

Patna High Court CR. MISC. No.52698 of 2022(4) dt.16-01-2023 2/2 their enemies. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Name of petitioners transpired in this case only on suspicion due to previous land dispute. There is no eye-witness to the alleged occurrence. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, 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 Sasaram (M) P.S. Case No.220 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.