Gaurav Kumar Singh @Gaurav Singh @ Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5094 of 2023 Arising Out of PS. Case No.-556 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Gaurav Kumar Singh @GAURAV Singh @ Gaurav Kumar S/O Parshuram Singh R/V- Makhnahi, P.S.- Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sadar (Mabbi O.P.) P.S. Case No. 556 of 2021 registered under sections 147, 148, 149, 341, 323, 324, 307, 325, 354, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant's nephew by means of Farsa due to which he sustained injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.5094 of 2023(2) dt.07-04-2023 2/3 falsely been implicated in this case. The petitioner and the informant are agnates and in the background of land dispute, the present acquisition has been levelled against the petitioner. Moreover, the injury report does not corroborate the case of the prosecution as it is alleged against the petitioner that he assaulted Adarsh Kumar with farsa over his head but the injury report of Adarsh Kumar suggests a lacerated wound over his forehead which itself contradicts the prosecution version as if the injury was to be made by farsa, the injury would have been incised wound instead of lacerated wound. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 30.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sadar (Mabbi O.P.) P.S. Case No. 556 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.5094 of 2023(2) dt.07-04-2023 3/3 amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Darbhanga.

(Sunil Kumar Panwar, J) shubham/- U T