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Patna High CourtCR. MISC./18872/2023allowed

Prakash Kumar Singh @ Pappu Singh v. The State Of Bihar

2023-05-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18872 of 2023 Arising Out of PS. Case No.-392 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Prakash Kumar Singh @ Pappu Singh S/O Shambhu Sharan Singh R/O Village- Dulama, P.S- Madhuban, Distt.- East Champaran, Motihari. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 342, 307, 325, 385, 379, 504, 506/34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they assaulted the informant by means of iron rod due to which he sustained injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village

Patna High Court CR. MISC. No.18872 of 2023(3) dt.18-05-2023 2/2 politics. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. It is further submitted that FIR has been lodged after delay of three days without given any cogent reason. The petitioner is languishing in judicial custody since 21.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhuban P.S. Case No. 392 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, East Champaran at Motihari. (Sunil Kumar Panwar, J) Manishkumar/- U T