Jhunna Pandey @ Jhuna Pandey @ Mithlesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14735 of 2023 Arising Out of PS. Case No.-313 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== JHUNNA PANDEY @ JHUNA PANDEY @ MITHLESH PANDEY Son of Late Shambhu Pandey @ Shambhu Nath Pandey Resident of village - Enarwa, P.S.- Adapur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Adapur P.S. Case No. 313 of 2022 dated 31.10.2022 registered for the offences punishable u/s 341, 323, 324, 307, 504/34 of the Indian Penal Code. As per the prosecution case, the petitioner and coaccused persons along with 3-4 unknown persons came at the door of the informant and started abusing. On being objected, they assaulted the informant and his brother. In the meantime, co-accused Irshad Alam assaulted the informant with knife which hit on the stomach of the informant's brother causing

Patna High Court CR. MISC. No.14735 of 2023(2) dt.10-05-2023 2/2 injury and he became unconscious and he was taken to Government Hospital for treatment.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the specific allegation is against the co-accused Irshad Alam. There is case and counter case between the parties. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 1.11.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances 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, Motihari, East Champaran in connection with Adapur P.S. Case No. 313 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T