Baso Risideo @ Basadeo @ Baso v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13913 of 2020 Arising Out of PS. Case No.-919 Year-2019 Thana- ARARIA District- Araria ====================================================== BASO RISIDEO @ BASADEO @ BASO, S/o Late Bandelal Risideo, R/o village- Chhoti Lahtora, Ward No. 6 P.S.- Araria, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. The petitioner seeks bail in a case registered for the offence punishable under Sections 323, 341, 324, 307, 506, 504/34 of the Indian Penal Code.

Prosecution case in brief is that as per FIR, on 26.10.2019 due to land dispute, this accused Baso Risideo abused and badly assaulted Prithwi Risideo, the brother in law of the informant and inflicted an Axe blow on his head with intent to kill him. As a result, he became badly injured and blood started oozing out from his head. Again this accused inflicted an Axe blow on the leg of his brother-in-law as a result he sustained cut injury on his leg and he became unconscious and fell down. On alarm, the villagers reached there and save the brother-in-law of the informant. Thereafter, the family members brought the injured to

Patna High Court CR. MISC. No.13913 of 2020(4) dt.28-08-2020 2/2 Sadar Hospital, Araria for his treatment.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. As per FIR occurrence took place on 26.10.2019 at about 7.00 pm and the present case has been lodged after inordinate delay of two days i.e. 28.10.2019 and there is no explanation for delay for filing the FIR. The petitioner is in custody since 29.10.2019 and has got no criminal antecedent.

Learned APP for the State has opposed the prayer for bail.

On perusal of the impugned order, it is found that the injury report is simple in nature.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Araria P.S. Case No. 919 of 2019 to the satisfaction of the learned Chief Judicial Magistrate, Araria.

(Anjani Kumar Sharan, J) amitkumar/- U T