Yogi Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1543 of 2022 Arising Out of PS. Case No.-66 Year-2021 Thana- SINGHWARA District- Darbhanga ======================================================

1. YOGI DAS

2. Suttu Das Both Sons of Late Prasadi Das, resident of Village - Kalyanpur, Police Station - Singhwara, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zainul Abedin, Adv.

For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 341, 323, 436, 427, 504, 354 and 34 of the Indian Penal Code. As per the prosecution case, it is stated that the eleven named accused persons including the two petitioners herein started to abuse and assault the informant. The house of the informant was lit up by Bilas Das and Jivachh Das while the petitioner no.1 threw the goats belonging to the informant in the burning house. The informant and others were brutally assaulted.

It is submitted by learned counsel for the petitioners that from perusal of the F.I.R. itself, it would transpire that so

Patna High Court CR. MISC. No.1543 of 2022(2) dt.09-06-2022 2/2 far as the allegations of assault and burning of house etc. are concerned, the same are on the four other accused persons and not the two petitioners herein. So far as the allegation on petitioner no.1 of having thrown the goat in the burning house is concerned, the same is absolutely false and concocted. No specific overt act has been alleged against the petitioner no.2. The petitioners are in custody since 27.7.2021 and have no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations against the two petitioners, the petitioners having remained in custody for 10 months, not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs the two petitioners to be enlarged on bail in connection with Singhwara P.S. Case no.66 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga.

(Partha Sarthy, J) Saurabh/- U T