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Patna High CourtCR. MISC./75321/2023allowed

Manish Bind v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75321 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- KARAI PARSURAI District- Nalanda ====================================================== Manish Bind S/O Rajju Bind @ Raju Vind Village- Fullipar, Ps. Karai Pasurai, Dist. Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 149, 341, 342, 323, 325, 307, 379 of the Indian Penal Code, later on Section 302 of IPC has been added.

The prosecution case in nutshell is that when the informant was coming to his village, co-accused persons started assaulting him and they snatched a bag from the possession of informant containing Rs. 20,000/- and one locket worth Rs. 25,000/-. Allegation

Patna High Court CR. MISC. No.75321 of 2023(2) dt.29-11-2023 2/3 against the petitioner and other co-accused persons is that on the call of co-accused Anil Bind, they started assaulting mother and father of the informant due to which they sustained injuries and informant's mother, Puturwa Devi succumbed to injuries, during the course of treatment.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner and there is no specific overt act of allegation levelled against him. Moreover, the petitioner is languishing in judicial custody since 12.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.75321 of 2023(2) dt.29-11-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Karai Pasurai P.S. Case No. 71 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hilsa, Nalanda.

(Sunil Kumar Panwar, J) Nirajkrs/- U T