Khedan @ Ajay Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79703 of 2018 Arising Out of PS. Case No.-229 Year-2018 Thana- DINARA District- Rohtas ======================================================

1. Khedan @ Ajay Singh, Son of Late Chandra Gopal Singh

2. Azad, Son of Ajay Singh Both are resident of Village and P.O.- Akorha, Police Station- Dinara (Bhanas), Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jagdish Prasad, Advocate For the S t a t e :

Mr. Atul Chandra, APP For the Informant :

Mr. Babu Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-02-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State as well as the learned counsel appearing on behalf of the informant. The petitioners are in custody since 10.09.2018 in connection with Dinara (Bhanas) P.S. Case No.229 of 2018 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that he is filing a supplementary affidavit in which he has brought on record the antecedents of the petitioners which had inadvertently not been stated in paragraph 3 of the main application. Learned counsel for the petitioners, however, submits that the entire allegation against the petitioners and their sons is based on suspicion and they were having land dispute. Learned counsel for the petitioners further submits that there is no eye-witness to

Patna High Court Cr.Misc. No.79703 of 2018(3) dt.21-02-2019 2/2 the occurrence and only because of the land dispute, names of these petitioners have been brought in connection with the present case. Learned counsel for the petitioners further submits that in view of the fact that the dead body was found with injuries and fracture on skull bone, the entire blame has been attributed to these petitioners and they are facing prosecution on the said basis.

Considering the aforementioned facts and circumstances and there being a history of land disputes, which has been asserted by the informant, who is here to oppose the bail application and also because save and accept one antecedent, the petitioners have no criminal history, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Lal Bihari Paswan, learned Judicial Magistrate 1st Class, Bikramganj, in connection with Dinara (Bhanas) P.S. Case No.229 of 2018. (Anjana Mishra, J) PNM U T