Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80558 of 2023 Arising Out of PS. Case No.-425 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.

Mithilesh Kumar, S/O Triveni Yadav, Village- Dhamsaini, P.S. Saharsa, District- Saharsa.

2.

Amilesh Kumar, S/O Triveni Yadav, Village- Dhamsaini, P.S.- Saharsa, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Masleh Uddin Ashraf, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Saharsa Sadar P.S. Case No. 425 of 2020 for the offence registered under Sections 341, 323, 324, 307, 379, 504, 506/34 of the I.P.C.

3. Allegation against the petitioners is that they have stabbed the informant in stomach by means of knife.

4. Learned counsel for the petitioners submits that both the parties are co-villagers and agnates and there is land dispute between them. He further submits that the medical report does not corroborate the allegation against the petitioners.

Patna High Court CR. MISC. No.80558 of 2023(4) dt.07-02-2024 2/2 There is no motive behind the alleged occurrence. It is further submitted that both the parties have also compromised the matter and living peacefully. Petitioners are in jail custody since 19.07.2023. Petitioners have no criminal antecedent. Chargesheet has already been submitted in this case and there is no chance of absconding of the petitioners or tampering with the evidence.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned court below in Saharsa Sadar P.S. Case No. 425 of 2020.

(Sunil Dutta Mishra, J) khushbu/- U T