Pratosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5034 of 2022 Arising Out of PS. Case No.-221 Year-2019 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Pratosh Kumar Son Of Nandkishor Shah Resident of Village - Chorma, P.s.- Bhagwanpur Hat, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard both parties.

The petitioner seeks bail in Bhagwanpur Hat P.S. Case No. 221 of 2019, registered for the offence punishable under Sections 307, 323 and other allied sections of the Indian Penal Code.

As per the prosecution case, while the informant was sitting at her door co-accused Wakil Sah assaulted her with lathi and danda. When her son came to rescue her then petitioner along with two co-accused assaulted him by means of lathi, danda, fist and slaps.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to land dispute. The alleged occurrence took place on 01.11.2019, but the FIR was lodged on 15.11.2019 after delay of 15 days

Patna High Court CR. MISC. No.5034 of 2022(2) dt.04-04-2022 2/2 without any plausible explanation. There is general and omnibus allegation of assault and no specific overt act has been raised against this petitioner. Petitioner claims clean antecedent and he is in custody since 17.11.2021. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Siwan in connection with Bhagwanpur Hat P.S. Case No. 221 of 2019.

(Prabhat Kumar Singh, J) vinita/- U T