Santosh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11382 of 2023 Arising Out of PS. Case No.-645 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== Santosh Bind Son Of Rameshwar Bind @ Rameshwar Jamadar Resident Of Village- Garbhu Chak, P.S.- Harnaut, District- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Samir Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 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 a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that when the son of informant was going to his house, co-accused Dharamveer Bind started abusing. When the son of informant opposed, petitioner along with other coaccused persons assaulted him. It is further alleged that

Patna High Court CR. MISC. No.11382 of 2023(2) dt.21-04-2023 2/3 on the order of petitioner, co-accused Dharamveer Bind fired upon the son of informant due to which he sustained gun shot injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties and in the background of land dispute, the present case has been registered with false and concocted allegations. The petitioner is non assailant and the only allegation against him is that he is order giver. The specific allegation of firing is levelled upon co-accused, namely, Dharamveer Bind. Moreover, the petitioner is languishing in judicial custody since 20.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.11382 of 2023(2) dt.21-04-2023 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Harnaut P.S. Case No. 645 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda, Bihar Sharif.

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