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Patna High CourtCR. MISC./11022/2023allowed

Binod Kahar @ Binod Kumar Singh v. The State Of Bihar

2023-04-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11022 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

BINOD KAHAR @ BINOD KUMAR SINGH S/O Belash Kahar @ Rambilash Singh R/O Village- Konhara, P.S- Chand, District- Kaimur at Bhabua 2.

Mutur Kahar @ Deepak Kumar S/O Belash Kahar @ Rambilash Singh R/O Village- Konhara, P.S- Chand, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Chand P.S. Case No. 315 of 2022 registered for the offence under Sections 341, 323, 325, 379, 504, 506/34 of the Indian Penal Code.

The case of prosecution story, in brief, is that while the informant's sons were coming to home on the alleged date of occurrence, in the meantime, the accused persons including the petitioner came there and assaulted them due to which they sustained injuries. It is further alleged that they also took cash of Rs. 30,000/- from pocket of informant's son.

Patna High Court CR. MISC. No.11022 of 2023(2) dt.20-04-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. There is a dispute regarding land between the parties due to which these petitioners have falsely been implicated in this case. From perusal of FIR, there is general and omnibus allegation is leveled against the petitioners rather specific overt-act is as alleged against the co-accused Ram Prasad Bind. It is further submitted that the petitioner nos. 1 & 2 are languishing in judicial custody since 9.1.2023 & 20.1.2023 respectively. 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, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Chand P.S. Case No. 315 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of A.C.J.M.-IV, Kaimur at Bhahua/concerned Court.

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