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Patna High CourtCR. MISC./352/2023allowed

Shivnandan Das v. The State Of Bihar

2023-03-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.352 of 2023 Arising Out of PS. Case No.-552 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== 1.

Shivnandan Das Son Of Late Suraj Das R/V- Nanhu Bigha, P.S- Barachatti, Dist- Gaya 2.

Deonandan Das Son Of Late Suraj Das R/V- Nanhu Bigha, P.S- Barachatti, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Barachatti P.S. Case No. 552 of 2022 registered for the offence under Sections 341, 342, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

As per prosecution case, while the informant was going to brick-klin for making payment of bricks, in the meantime, the petitioners along with co-accused persons armed with lathi and rod and started assaulting him. It is further alleged that co-accused Anil Das assaulted him by means of rod which caused head injury.

Patna High Court CR. MISC. No.352 of 2023(2) dt.24-03-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The specific overt-act of assaulting the informant by means of rod due to which he sustained head injuries. The allegation against these petitioners is general and omnibus in nature. It is further submitted that the petitioners are languishing in judicial custody since 3.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Barachatti P.S. Case No. 552 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya.

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