Daroga Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11122 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== DAROGA DAS S/O LATE BHAGELU DAS R/v- Kathaiya Bishunpura, P.S.- Jagdishpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 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 147, 149, 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code. As per prosecution case, the accused persons including the petitioner came at door of informant and due to previous dispute regarding land, started assaulting the informant and his family members. The allegation has been made against the petitioner is of assaulting the informant by means of Farsa 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 a dispute regarding land between the parties due to which the petitioner has falsely been implicated in this case. The allegation

Patna High Court CR. MISC. No.11122 of 2023(2) dt.20-04-2023 2/2 has been made against the petitioner is of assaulting to the informant by means of Farsa whereas, the injury report of the informant annexed as Annexure-2 shows that the injury caused by hard and blunt substance which does not corroborate the prosecution version. 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 28.9.2022.

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 Nautan (Jagdishpur O.P) P.S. Case No. 286 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 J.M.-1st Class, Bettiah district- West Champaran.

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