Ganesh Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58105 of 2024 Arising Out of PS. Case No.-355 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Ganesh Nut S/o Late Raghuvar Nut @ Raghuvir Nut R/o Village Nain Matihaniya, P.S. - Mirgang, Distt. - Gopalganj 2.

Ramesh Nut S/o Late Raghuvar Nut @ Late Raghuvir Nut R/o Village Nain Matihaniya, P.S. - Mirgang, Distt. - Gopalganj 3.

Mithilesh Kumar @ Duldul Nut @ Mithlesh Kumar S/o Mahesh Nut R/o Village Nain Matihaniya, P.S. - Mirgang, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Mirganj P.S. Case No. 355 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, allegation against the accused persons along with the petitioners is to assault the brother of the informant by means of bricks and stones due to

Patna High Court CR. MISC. No.58105 of 2024(2) dt.08-08-2024 2/3 which his brother sustained injuries and died.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Both the parties are co-villagers and due to dirty village politics, the petitioners have falsely been implicated in this case. No specific overt-act attributed against the petitioners rather general and omnibus allegation leveled against them. They have got no criminal antecedent as stated in para-3 of the petition. Moreover, other co-accused persons have already been granted bail by this Court vide order 4.4.2024 passed in Cr. Misc. No. 24830 of 2024.

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

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Mirganj P.S. Case no. 355 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.58105 of 2024(2) dt.08-08-2024 3/3 CJM, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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