Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5983 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Awadhesh Singh Son Of Late Yogendra Singh R/O Village- Khilwat, P.S.- Bidupur, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable u/s 341, 323, 325, 379, 307, 504, 506, 34 of IPC and Section 302 was also added. As per prosecution case, informant alleged that on 07.03.2022, petitioner along with co-accused persons came and started abusing and dragging his father-in-law. It is further alleged that upon protest petitioner assaulted by means of lathi to the informant's father-in-law due to which his left hand fractured.

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

Patna High Court CR. MISC. No.5983 of 2023(2) dt.01-05-2023 2/2 falsely been implicated in this case due to land dispute. There is no specific allegation of assaulting leveled against the petitioner rather general and omnibus allegation leveled against him. The specific allegation of assaulting by means of handle of hand-pump is against co-accused, namely, Bikky Kumar. It is further submitted that the petitioner is languishing in judicial custody since 30.08.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Biddupur P.S. Case No. 128 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Manish/- U T