Bharat Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12158 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== BHARAT SAHANI S/O DANGAR SAHANI R/v- Chaita, P.S.- Pakaridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjana Srivastava For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 307, 323, 324, 34 of the Indian Penal Code.

As per prosecution case, while the informant was returning home after closing his shop, meanwhile the accused persons including the petitioner tried to snatch his bag. On protest, they assaulted by means knife due to which he sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a dispute in respect of land between the parties due to which the petitioner has falsely been implicated in this case. The alleged

Patna High Court CR. MISC. No.12158 of 2023(2) dt.05-05-2023 2/2 occurrence took place on 12.10.2022 but the present FIR has been lodged in delay of eight days on 20.10.2022 A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.10.2022. Learned APP appearing for the state has 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pakridayal P.S. Case No. 264 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 Chief Judicial Magistrate, East Champaran, Motihari.

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