IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76462 of 2025 Arising Out of PS. Case No.-504 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== 1. Bandhu Sah Son of Late Akalu Sah R/o Village - Mishrain Tola, P.S. - Paharpur, Dist. - East Champaran. 2. Nitish Kumar Jamuni Devi VILLAGE MISHRAIN TOLA PS PAHARPUR DISTRICT EAST CHAMPARAN ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar No.Iii, Adv For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 01-12-2025 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners have preferred this application for grant of regular bail in connection with Sessions Trial No. 869 of 2025 arising out of Paharpur P.S. Case No. 504/2023 dated 08.12.2023 registered for the offence punishable u/s 447, 341, 323, 304 read with Section 34 of the Indian Penal Code. 3. As per the prosecution case, on 05.12.2023 at about 7 o'clock in the evening, Pradeep Kumar was going to his house on his bike. In the meantime, he ran over the informant's goat with his bike, due to which the informant and his family members scolded him. Thereafter, the petitioners and the co- Patna High Court CR. MISC. No.76462 of 2025(2) dt.01-12-2025 2/3 accused persons came to the door of the informant holding lathi, bhala and farsa and started assaulting the informant, his mother and father mercilessly. When the father of the informant tried to go towards the P.C.C. Road, Pradeep Kumar, Nitish Kumar (petitioner no. 2), Chandeshwar Kumar caught him and slammed him on the PCC road due to which he became unconscious. Further, they also assaulted him with lathi, legs and fist until he died. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. As per the Post Mortem Report, there is no external injury detected on the dead body of the deceased and opinion with regard to cause of death is kept reserved. As per para. 7 and 8 of the case diary, the witnesses, Baghmati Devi and Mayna Devi has stated that the specific allegation of slamming the informant's father on the ground is against the co- accused, Pradip Kumar. Similarly situated co-accused person has already been granted bail by this Court vide order dated 17.06.2025 passed in Cr. Misc. No. 13431 of 2025. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 26.11.2024. 5. Learned A.P.P. for the State has vehemently Patna High Court CR. MISC. No.76462 of 2025(2) dt.01-12-2025 3/3 opposed the bail petition of the petitioners. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above named, are directed to be enlarged on bail on furnishing bail- bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Sessions Trial No. 869 of 2025 arising out of Paharpur P.S. Case No. 504/2023. 7. The application stands allowed. Jyoti/- (Chandra Prakash Singh, J) U T