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Patna High CourtCR. MISC./1759/2025allowed

Punam Devi v. The State Of Bihar

2025-01-17Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1759 of 2025 Arising Out of PS. Case No.-394 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Punam Devi Son of Belag Manjhi @ Ranjan Manjhi Resident Of VillageSirsa Ram Ray, Ps- Lalganj, Dist- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Lalganj P.S. Case No.394 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, 14 accused persons including petitioner have assaulted the husband of informant with lathi, danda, iron rod etc. due to which he succumbed to injuries and during treatment he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that informant is not an eye witness of the occurrence but on the basis of suspicion she lodged F.I.R. against the petitioner and other co-accused persons. Learned counsel submits that the alleged occurrence took place on

Patna High Court CR. MISC. No.1759 of 2025(2) dt.17-01-2025 2/2 12.10.2022, however, the F.I.R. has been lodged on 26.10.2022 without any explanation. He further submits that the allegation against the petitioner is general and omnibus in nature. He also submits that in post-mortem report, no external injury was found on the victim. Learned counsel submits that similarly situated co-accused persons have been granted bail by this Court vide order dated 18.05.2023 passed in Cr. Misc. No.21006 of 2023. He further submits that petitioner has no criminal antecedent, he is in custody since 17.08.2024 and charge sheet has already been submitted in this case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No.394 of 2022.

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