Bantu Saday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24843 of 2023 Arising Out of PS. Case No.-95 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== BANTU SADAY, aged about 35 years (Male), SON OF LATE PURAN SADAY Resident of village - Mahindwar, P.S. - Phulparas, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Phulparas P.S. Case No. 95 of 2020 dated 09.03.2020 registered for the offence(s) punishable under Section(s) 147, 341, 323, 324, 307, 379, 386, 120(B), 506 and 353 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR and during investigation, his name came into light merely on the basis of suspicion and he has been dragged in this case owing to village politics and copy of the injury report of the informant has been filed as Annexure 2, which shows that he sustained three injuries which have been opined to be simple

Patna High Court CR. MISC. No.24843 of 2023(2) dt.18-05-2023 2/2 in nature by the doctor concerned and one similarly situated coaccused Shyam Mukhiya @ Bauki @ Bauku has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 12123 of 2021 and the petitioner has been languishing in jail since 26.09.2022 and against him, the investigation has been completed.

4. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. 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 materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail in connection with Phulparas P.S. Case No. 95 of 2020 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T