Shubhash Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19694 of 2023 Arising Out of PS. Case No.-432 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SHUBHASH MISHRA S/O- MUNNA MISHRA Village- Balthi Gausi PsSahebganj Dist- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jata Shankar Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner along with others is of assaulting the informant by means of lathi and danda. It is further alleged that the petitioner stabbing knife in the informant's abdomen with an intention to kill, due to which serious injury caused to him.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There has been delay of 26 days in lodging the FIR. Petitioner and informant are own

Patna High Court CR. MISC. No.19694 of 2023(2) dt.19-05-2023 2/2 Gotiya and admittedly, there is a dispute between two family and taking advantage of the incident aforesaid, the informant has falsely implicated the petitioner and his family members. There is general and omnibus allegation against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur (West) in connection with Sahebganj P.S. Case No. 432 of 2022.

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