Amarjit Kumar @ Amar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17130 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- MANSI District- Khagaria ====================================================== Amarjit Kumar @ Amar Son Of Yogendra Yadav @ Jogi Yadav Resident Of Village- Chakhussaini, Ward No. 5, Ps Mansi, District Khagaria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant 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, 302/34 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was ploughing his field, petitioner along with other co-accused persons, variously armed, came at the land of informant and restrained the informant from working in the said field. On protest, they assaulted the

Patna High Court CR. MISC. No.17130 of 2023(2) dt.29-04-2023 2/3 informant. When the brother and father of informant came to his rescue, they were also assaulted. It is further alleged that co-accused Arvind Kumar Yadav assaulted the father of informant by means of iron rod due to which he succumbed to injuries during the course of treatment.

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 no specific allegation against the petitioner rather the specific allegation of assaulting the father of informant is against co-accusd Arvind Kumar Yadav. There is general and omnibus allegation against the petitioner. There is land dispute between the parties. Moreover, the petitioner is languishing in judicial custody since 02.05.2022 A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State and learned counsel for informant have vehemently opposed

Patna High Court CR. MISC. No.17130 of 2023(2) dt.29-04-2023 3/3 the prayer for Bail.

Having heard learned counsel for the parties 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 Mansi P.S. Case No. 144 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 Additional Sessions Judge III, Khagaria.

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