Sugriv Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55903 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.

Sugriv Das Son Of Late Anandi Das Resident Of Village- Chakhamida, PsRajoun, Distt- Banka 2.

Kalawati Devi Wife Of Sugriv Das Resident Of Village- Chakhamida, PsRajoun, Distt- Banka 3.

Asha Kumari @ Mostt. Asha Kumari @ Mostt. Aarti Devi Wife Of Late Prem Das Resident Of Village- Chakhamida, Ps- Rajoun, Distt- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Rajoun P.S. Case No. 145 of 2023 registered under sections 302 and 34 of the Indian Penal Code. Allegation against the petitioners along with other co-accused persons is that they assaulted the husband of the informant by means of lathi, danda and iron rod due to which the husband of the informant died during the course of treatment. It is further alleged that they assaulted the

Patna High Court CR. MISC. No.55903 of 2023(2) dt.05-09-2023 2/3 informant's son as well.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to previous enmity. It is further submitted that there is no specific overt act of assaulting upon the informant's husband rather general and omnibus allegations have been levelled against all the accused persons including these petitioners. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 23.08.2023. in Cr. Misc. No. 52082 of 2023. Moreover, the petitioners are languishing in judicial custody since 28.03.2023.

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 this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Rajoun P.S. Case No. 145 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.55903 of 2023(2) dt.05-09-2023 3/3 like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

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