Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65436 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== 1.

BIPIN KUMAR Son of Yadu Ram Resident of Village - Bardahiya Chaknait, P.S. and District - Vaishali.

2.

Saroj Kumar Son of Yadu Ram Resident of Village - Bardahiya Chaknait, P.S. and District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 148, 149, 323, 307 & 302 of the Indian Penal Code.

The prosecution case in short is that the accused persons started abusing to the elder brother of the informant without any rhyme and reason and on protest, the accused persons attacked the house of the informant and started pelting stones. In this occurrence, the accused persons assaulted the father of the informant, as a result of which, the informant's father succumbed to the injuries.

Patna High Court CR. MISC. No.65436 of 2019(3) dt.19-11-2019 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner No. 1 is in custody since 17-01-2019 whereas the petitioner No. 2 is in custody since 23-01-2019. Charge sheet has already been submitted. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The other co-accused with similar allegation have been granted bail by this court vide order dated 21-08-2019 passed in Cr. Misc. No. 51510 of 2019. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Hena Mustaffa, learned Judicial Magistrate-Ist Class, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 81 of 2018. (Sudhir Singh, J) A.K.V.//- U T