Brajesh Singh @ Barjesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12880 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== Brajesh Singh @ Barjesh Singh Son Of Dudhnath Singh R/V- Chainpurwa, P.S- Awatar Nagar, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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 Awatar Nagar P.S. Case No. 98 of 2022 registered under sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. Allegation against the petitioner is that he ordered the other co-accused persons to assault the informant, thereupon they assaulted the informant by means of lathi and rod due to which he sustained injuries.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12880 of 2023(2) dt.25-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute going on between both the parties. It is further submitted that there is no specific allegation of assault against the petitioner rather general and omnibus allegation has been levelled against the petitioner along with other co-accused persons. It is also submitted that the injuries sustained by the informant are found to be simple in nature. Only for the reason that he was order giver, he has been dragged in this case. He is languishing in judicial custody since 14.11.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 02.02.2023. in Cr. Misc. No. 71870 of 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 Awatar Nagar P.S. Case No. 98 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties

Patna High Court CR. MISC. No.12880 of 2023(2) dt.25-04-2023 3/3 of the like amount each to the satisfaction of the learned CJM Saran at Chapra.

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