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Patna High CourtCR. MISC./21013/2023allowed

Kundan Prasad Sahu v. The State Of Bihar

2023-05-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21013 of 2023 Arising Out of PS. Case No.-211 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== Kundan Prasad Sahu, Son of Bishwanath Sahu @ Bishuwanath Sahu, Resident of Village- Mirjapur, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Biraul P.S. Case No. 211 of 2021 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504 / 34 of the Indian Penal Code.

As per prosecution case, the petitioner alongwith other co-accused persons assaulted the informant by means of several weapons due to which he sustained injuries. The specific allegation against the petitioner is that he assaulted the informant be means of farsa on his head.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence. He has falsely been implicated in this case. Due to land dispute

Patna High Court CR. MISC. No.21013 of 2023(2) dt.19-05-2023 2/2 there is case and counter case between the parties. The petitioner has one criminal antecedent in which he is on bail. Petitioner is languishing in jail custody since 15.11.2022. Charge sheet has already been submitted in this case and there is no chance of absconding or tampering with the evidence.

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

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. -II, Biraul, Darbhanga in connection with Biraul P.S. Case No. 211 of 2021.

(Sunil Dutta Mishra, J) saurabhkr/- U T