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Patna High CourtCR. MISC./80473/2023allowed

Shila Devi v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80473 of 2023 Arising Out of PS. Case No.-291 Year-2023 Thana- AKBARPUR District- Nawada ====================================================== 1.

Shila Devi W/O Sarju Manjhi Resident Of Village- Rahimpur, P.O.- Rajhat, P.S.- Akbarpur, District- Nawada 2.

Anuj Manhi S/O Darogi Manjhi Resident Of Village- Rahimpur, P.O.- Rajhat, P.S. Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 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 341, 323, 324, 307, 302/34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of assaulting the informant and his family members due to which they sustained injury. It is further alleged that the co-accused assaulted by means of knife on the stomach of Alo Manjhi and during course of treatment he died.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to

Patna High Court CR. MISC. No.80473 of 2023(2) dt.14-12-2023 2/2 dirty village politics. They have committed no offence. There is general and omnibus allegation against the petitioners rather the specific allegation against co-accused Karan Kumar. There is no specific overt act against the petitioners of assaulting. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 18.06.2023.

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 Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 291 of 2023. (Sunil Kumar Panwar, J) Arish/- U T