Suresh Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14008 of 2025 Arising Out of PS. Case No.-448 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Suresh Patel Son of Late Narayan Kurmi @ Narayan Patel Resident of Village - Bhitaha Mathiya, P.S. - Bairiya, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Gupta For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bairiya P.S. Case No. 448 of 2024 dated 16.12.2024 registered for the offences punishable u/ss 191(2), 126(2), 115(2), 118, 109, 303(2), 326(1), 352 of the BNS.
3. As per the prosecution case, the petitioner and the co-accused persons variously armed with Lathi, Rod, Farsa are alleged to have come to the land of the informant and abused him. Thereafter, all the accused persons dragged the informant and the petitioner, Suresh Patel assaulted the informant with iron rod on his head with intention to kill him causing head injury
Patna High Court CR. MISC. No.14008 of 2025(2) dt.21-03-2025 2/3 and he fell down thereafter, the co-accused Sanjay Patel also assaulted the informant with the Lathi on his ear causing injury. When the wife of the informant came to rescue, she was also assaulted and Ajay Patel snatched her Mangal Sutra. The cause of dispute arises due to land dispute.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. It is further submitted that there is an open altercation took place between both the parties and both parties sustained injuries. There is case and counter case between the parties. It is further submitted that the petitioner also sustained cut mark on left index finger and lacerated would on right parietal region and the opinion regarding the injury is kept reserved. It is further stated that the injury of the informant is stated to be grievous in nature. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 19.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner and the informant sustained grievous injury.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.14008 of 2025(2) dt.21-03-2025 3/3 of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 448 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T