Ganesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20907 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- KALYANPUR District- Samastipur ====================================================== Ganesh Prasad Singh, son of Sone Lal Singh, resident of village Mathurapur, P.S. - Kalyanpur, District Samastipur ......... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Barj Kishore Sharma For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Kalyanpur Police Station Case No. 23 of 2020, registered for the offences punishable under Sections 307/323/324/341/504/34 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report, is that the petitioner assaulted the informant on his head by means of bhala.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as there is land dispute between the parties and the petitioner is the own brother of the informant and a partition suit, bearing

Patna High Court CR. MISC. No.20907 of 2020(4) dt.21-08-2020 2/3 Partition Suit No. 140 of 2017 is pending between them. He further submits that the petitioner is in custody since 29.01.2020, i.e. for more than six months.

On the other hand, learned Additional Public Prosecutor submits that the petitioner assaulted he informant by means of bhala, a sharp pointed weapon and from the injury report, it appears that the informant has received grievous injury near his forehead.

After having heard learned Counsel for the parties and taking into consideration the fact that both the parties are brothers, there is land dispute between the parties inasmuch as Partition Suit No. 140 of 2017 is pending between them and the petitioner has remained in custody for more than six months, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur Police Station Case No. 23 of 2020. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding

Patna High Court CR. MISC. No.20907 of 2020(4) dt.21-08-2020 3/3 lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √