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Patna High CourtCR. MISC./87177/2019bail granted

Shiv Pujan Pandit v. The State Of Bihar

2020-01-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87177 of 2019 Arising Out of PS. Case No.-249 Year-2019 Thana- DIGHWARA District- Saran ====================================================== 1.

SHIV PUJAN PANDIT Son of Late Joka Pandit Resident of Village - Saidpur, P.S.- Sonepur, District - Saran.

2.

Arjun Mahto Son of Rampat Mahto Resident of Village - Kasmar, P.S.- Sonepur, District - Saran.

3.

Congress Mahto Son of Late Adalat Mahto Resident of Village - Shankarpur, P.S.- Sonepur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code.

According to FIR, when the dead body of the husband of the informant was found in the field side, the villagers informed that 16 FIR named persons and 10 to 15 unknown were involved in the commission of murder.

Submission is that there is no eye-witness of the actual occurrence. Only suspicion is there due to old dispute. Petitioners are in custody since 20.08.2019. Investigation of the case is already complete against the petitioners.

Patna High Court CR. MISC. No.87177 of 2019(2) dt.14-01-2020 2/2 Considering the fact that there is no substantial material against the petitioners for consideration of prayer for regular bail as well as the fact that nothing is there to substantiate that the petitioners is going to tamper with the evidence or abscond the process of law, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dighwara Police Station Case No. 249 of 2019, subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.

(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioners shall not leave the country without permission of the trial court.

(Birendra Kumar, J) Kundan/- U T