Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63905 of 2023 Arising Out of PS. Case No.-222 Year-2022 Thana- SIRDALA District- Nawada ====================================================== 1.
Dipu Kumar Son Of Vijay Pandit Resident Of Village - And P.O. - Tetariya, P.S. - Meskaur (Via- Sirdala), District Nawada 2.
Prahllad Pandit @ Phalad Pandit Son Of Suresh Pandit Resident Of Village - Near Shiw Mandir Dhanbad, P.S. - Dhanbad, District - Dhanbad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Sirdala P.S. Case No. 222 of 2022 registered for the offence under Sections 302, 379, 427, 34 of the Indian Penal Code.
3. As per prosecution case, the informant alleged that on 13.5.2022 at about 11:30 PM, all FIR named accused including the petitioners came to the house of the informant and forcibly took away his brother Sunil Kumar. The accused persons killed the brother of the informant by assaulting him. Accordingly, the present FIR was registered.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to dirty village
Patna High Court CR. MISC. No.63905 of 2023(2) dt.11-10-2023 2/2 politics. From perusal of FIR, it appears general and omnibus allegations leveled against these petitioner. No specific over-act attributed against them. The petitioners have got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 6.7.2023. Moreover, similarly situated co-accused Jitendra Pandit was already enlarged on bail by a co-ordinate Bench of this Court vide order dt. 30.8.2022 passed in Cr. Misc. No. 41493 of 2022, which is evident from Annexure-6.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Sirdala P.S. Case No. 222 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. VIII, Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T