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Patna High CourtCR. MISC./31490/2021bail granted

Jagdev Singh @ Jagdeo Prasad Singh v. The State Of Bihar

2021-12-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31490 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== 1.

JAGDEV SINGH @ JAGDEO PRASAD SINGH Son of Late Fauzidari Singh Resident of Village- Karma, P.S.- Karakat, District- Rohtas. 2.

Ghansheyam Singh @ Ghanshyam kumar Singh Son of Late Fauzidari Singh Resident of Village- Karma, P.S.- Karakat, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2021 At the outset it is submitted by learned counsel for the petitioners that a supplementary affidavit has been filed stating therein that in compliance of the order dated 17.11.2021 granting provisional bail to the petitioner no. 2, the petitioner no. 2 surrendered in the learned Court below on 1.12.2021. Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the two petitioners herein are stated to have assaulted the husband and son of the informant with a knife causing injuries.

It is submitted by learned counsel for the petitioners that the two petitioners and the husband of the informant are full brothers. The petitioners have been falsely implicated in the

Patna High Court CR. MISC. No.31490 of 2021(3) dt.20-12-2021 2/2 case because of land dispute between the parties. Referring to the injury reports it is submitted that the injuries have been found to be simple in nature. From the medical report brought on record as Annexure 2 to the petition it would transpire that the petitioner no. 1 is suffering from 40 percent permanent disability with wasting of lower limb. The petitioners are in custody since 4.1.2021, except for the period that the petitioner no. 2 was released on provisional bail. Petitioners have no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the injuries having been found to be simple in nature and the petitioners having remained in custody for about 11 months, the Court directs the above two petitioners to be enlarged on bail in connection with Karakat P.S Case no. 66 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-II, Bikramganj, Rohtas at Sasaram.

Prakash/- (Partha Sarthy, J) U