Nirmal Sah @ Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62557 of 2022 Arising Out of PS. Case No.-294 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

Nirmal Sah @ Nirmal Kumar Son Of Santosh Kumar Sah @ Santosh Kumar Raj R/O Village- Barihat Laxmi Mandir Purnea, P.S.- K. Hat (Sahayak), District- Purnea 2.

Sajan Biswas @ Jay Bardhan Son Of Sri Lakhan Lal Biswas R/O MohallaBarihat, P.S.- K. Hat (Sahayak), District- Purnea 3.

Chhotu Roy @ Vickey Roy Son Of Late Ashok Roy R/O Mohalla- Barihat, P.S.- K. Hat (Sahayak), District- Purnea 4.

Raja Yadav @ Raja Kumar Son Of Sri Bishundeo Yadav R/O MohallaBarihat, P.S.- K. Hat (Sahayak), District- Purnea 5.

Appu Yadav @ Akash Kumar Son Of Bishundeo Yadav R/O MohallaBarihat, P.S.- K. Hat (Sahayak), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 325, 307 and 302 of the Indian Penal Code.

As per allegation in the FIR, several accused persons including the petitioner assaulted the brother of the informant as a result of which, he sustained severe head injury and later on he died.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.62557 of 2022(2) dt.04-02-2023 2/2 that petitioners have been falsely implicated in this case. Petitioners are not named in the FIR. They have committed no offence. Only on the basis of suspicion, their names have been dragged in the present case. They have got no criminal antecedent. Several co-accused persons have already been enlarged on bail and the case of the present petitioners stands on better footing to that of the co-accused. Petitioners are languishing in judicial custody for more than six months. 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 the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with K. Hat (Sahayak) P.S. Case No. 294 of 2019.

(Sunil Kumar Panwar, J) sushma/- U