IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89184 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Sumit @ Sumit Puri @ Sumit Kumar Puri @ Nikku Puri son of Narendra Puri Resident of village - Machhagar Jagdish, Ps- Hathua, Dist- Gopalganj ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Tooba Hera, Adv For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Hathua P.S. Case No. 46 of 2024 dated 12.03.2024 registered for the offences punishable under Sections 147, 148, 149, 326, 307 and 302 of the I.P.C. 3. As per the prosecution case, on 11.03.2024 at 9.00 P.M., the informant and her husband Kaptan Sah (deceased) were sitting in their Bathan, in the meantime, being annoyed due to previous land dispute, the co-accused Bullet Puri came in the bathan of the informant and started parking the vehicle which came in the barat, in front of the informant’s Bathan. The informant and her husband protested by asking him to park the Patna High Court CR. MISC. No.89184 of 2024(2) dt.17-01-2025 2/4 said vehicle in the vacant place. On this, the co-accused Bullet Puri got annoyed and called some co-accused persons through phone namely, Nirbhay Puri, Nitesh Puri, Manish Puri, Harendra Puri, Arjun Puri, Sumit Puri (petitioner), Ramesh Puri, Baby Devi, Tuntun Sah, Manager Sah, Jamadar Sah, Vikash Gupta, Rajnish Puri and Subhawati Devi who all variably being armed with weapons conjointly came there and the co-accused Nirbhay Puri gave an order to kill so that no problem would come in construction of Aaganbari. On this, all the accused persons started assaulting the informant’s husband with lathi- danda. When the informant’s husband fell down on the ground in unconscious position, the co-accused Bullet Puri put Acid on the face of the informant's husband, due to that, her husband sustained grievous injury and also got restless. It is further alleged that on hulla made by the informant, the people of barat came thereafter the accused persons fled away from there. The informant’s son also came and called police. The police came and brought her husband in injured condition to the Hathua Hospital and from there he was referred to Sadar Hospital, Gopalganj for better treatment but her husband died in Emergency Ward in Sadar Hospital, Gopalganj. It is further alleged that when the accused person was putting Acid on the Patna High Court CR. MISC. No.89184 of 2024(2) dt.17-01-2025 3/4 face of the informant, some drops of Acid were also sprinkled on the body of the accused persons. The reason behind the occurrence is that there is some Gairmajurua land ahead the land of the informant and her husband wanted to get a temple constructed but the co-accused Nirabhay Puri also wanted to get a Aaganbari constructed on the said Gairmajrua land because his wife i.e., the co-accused Shubhawati Devi was elected as a ward member of Nagar Panchayat and he wanted to get Aaganbari constructed from his own fund. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has no concern with the alleged offence. There is no specific allegation attributed against the petitioner rather there is general and omnibus allegation against the petitioner. The main assailant in this case is Bullet Puri and there is some dispute between the Bullet Puri and the deceased regarding the vacant land. As per the post-mortem report of the deceased, caused of death was due to head injury caused by impact of hard and blunt substance. The co-accused person has already been granted regular bail by this court vide order dated 03.10.2024 passed in Cr. Misc. No. 71753 of 2024. The petitioner has one antecedent in which he is Patna High Court CR. MISC. No.89184 of 2024(2) dt.17-01-2025 4/4 on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 12.03.2024. 5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Gopalganj in connection with Hathua P.S. Case No. 46 of 2024. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T