Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64162 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

Umesh Thakur S/O Khushnandan Thakur Resident Of Village- Brahampur, P.S.- Kamtoul, District- Darbhanga.

2.

Prince Kumar Bhardwaj @ Dheeraj @ Dheeraj Kumar S/O Umesh Thakur Resident Of Village- Brahampur, P.S.- Kamtoul, District- Darbhanga. 3.

Hemant Bhardwaj @ Raushan S/O Umesh Thakur Resident Of VillageBrahampur, P.S.- Kamtoul, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 302, 120(B), 341, 323, 379, 504, 506/34 of the Indian Penal Code.

It is a case of assaulting by the accused persons including the petitioners to the younger brother of the informant (Chandan Kumar) by means of lathhi, danda and iron rod. On his cry, informant and his brother came there to rescue Chandan Kumar, they were also beaten by them. It is further alleged that on way to hospital, Chandan Kumar succumbed to injuries.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have

Patna High Court CR. MISC. No.64162 of 2022(4) dt.07-04-2023 2/2 committed no offence. General and omnibus allegations have been levelled against them. As per postmortem report, petitioner has received only three abrasions. There is case and counter case between the parties. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 2.2.2023 passed in Cr. Misc. No. 56303 of 2022. All the three petitioners are languishing in judicial custody for more than eleven months. Learned APP appearing for the State has opposed the prayer of Bail.

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 Sessions Judge, Darbhanga in connection with Kamtoul P.S. Case No. 78 of 2022. (Sunil Kumar Panwar, J) sushmaU