Durga Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76597 of 2023 Arising Out of PS. Case No.-613 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== 1.

DURGA THAKUR S/O MINTU THAKUR @ MINTU LAL THAKUR R/O VILLAGE- KHILVAT, P.S- BIDUPUR, DISTT.- VAISHALI. 2.

VISHAL THAKUR S/O MINTU THAKUR @ MINTU LAL THAKUR R/O VILLAGE- KHILVAT, P.S- BIDUPUR, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of brutally assaulting the brother of the informant leading to his death.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. Petitioners are the co-villagers of the wife of the deceased and the petitioners have

Patna High Court CR. MISC. No.76597 of 2023(2) dt.01-12-2023 2/2 no concern with them. The specific allegation of assault is against the family members of the wife of the deceased. He submitted only on the basis of suspicion, the name of these petitioners have come into light. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 25.08.2023 passed in Cr. Misc. No. 52933 of 2023. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody for about eight months.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No. 613 of 2022. (Sunil Kumar Panwar, J) Arish/- U T