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Patna High CourtCR. MISC./11861/2021bail granted

Kishandeo Singh @ Krishndeo Singh v. The State Of Bihar

2021-07-15Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11861 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- KARTAHA District- Vaishali ====================================================== Kishandeo Singh @ Krishndeo Singh Son of Late Jitu Singh Resident of Village - Kartaha, P.S.- Kartaha, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Kartaha P.S. Case no. 75 of 2020 registered under section 307 and other sections of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that over a dispute relating to the boundary of land, the 10 named accused persons including the petitioner herein and 4-5 unknown came variously armed. It is further stated that Tarkeshwar Singh, Anil Singh, Jitlal Singh and Vivek Kumar brutally assaulted the informant and others leading to injuries. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.11861 of 2021(2) dt.15-07-2021 2/2 that the allegations as leveled in the FIR are false and concocted. The petitioner has been falsely implicated in the case. There is case and counter-case between the parties. No overt act has been alleged against the petitioner who has no criminal antecedent and is in custody since 18.10.2020. Investigation in the case has concluded.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including no overt-act having been alleged against this petitioner who is in custody for more than 8 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kartaha P.S. Case no. 75 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XV, Vaishali at Hajipur.

(Partha Sarthy, J) Bibhash U