Bhagamani Devi v. The State Of Bihae

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58307 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- PARSA District- Saran ====================================================== 1.

Bhagamani Devi W/O Late Jagdish Nut R/O Village- Saguni, P.S- Parsa, Distt.- Saran At Chapra.

2.

Govinda Nut S/O Late Jagdish Nut R/O Village- Saguni, P.S- Parsa, Distt.- Saran At Chapra.

... ... Petitioner/s

Versus

The State Of Bihae Self The Advocate General ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kumari For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the co-accused persons including some unknown miscreants is that they committed murder of the informant's brother due to previous dispute.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the

Patna High Court CR. MISC. No.58307 of 2023(2) dt.01-09-2023 2/2 basis of confessional statement of co-accused. The informant is not an eye witness of the alleged occurrence and no specific overt-act levelled against the petitioners. It is further submitted that except suspicion no consistent material has come out against the petitioners. Moreover, have been languishing in judicial custody since 19.04.2023. 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 as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Parsa P.S. Case No. 39 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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