Brijesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18332 of 2020 Arising Out of PS. Case No.-435 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== BRIJESH SINGH Son of Late Dhruv Singh Resident of Village - Fatehpur Barai Tola, P.S.- Yogapatti, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mrs. Anita Kumari Singh Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Ms. Anita Kumari Singh, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Yogapatti P.S. Case No. 435 of 2019 for the offence punishable under Sections 447, 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

The case of the prosecution in brief is that the petitioner and two others are said to have arrived at the house of the informant carrying lathi and farsa in their hands whereafter they had assaulted the son of the informant

Patna High Court CR. MISC. No.18332 of 2020(2) dt.05-06-2020 2/3 resulting in the son of the informant receiving grievous injury.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the present case arises from case and counter case and the petitioner has also received serious injuries, after being assaulted by the prosecution party. Lastly, it is submitted that the petitioner is languishing in custody since 15.12.2019.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and during the course of a free fight in between the parties, the petitioner has also been seriously injured apart from the fact that the petitioner is languishing in custody since 15.12.2019, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to

Patna High Court CR. MISC. No.18332 of 2020(2) dt.05-06-2020 3/3 be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 435 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T