Nandu Vishwakarma @ Nandu Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23251 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- TANDWA District- Aurangabad ====================================================== Nandu Vishwakarma @ Nandu Mistri S/o Late Bal Gobind Vishwkarma @ Late Bal Govind Vishwkarma Resident of Village- Kandi Bigha, P.S.- Tandwa, District- Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Tandwa P.S. Case No. 14 of 2022 lodged under Sections 147, 148, 149, 323, 324, 307, 302, 379 of the Indian Penal Code. As per the prosecution story, one co-accused Nirbhay Paswan was caught raid handed by making theft of oil from tractor. Information in this regard was given to the Sarpanch. Sarpanch informed that he will not come at night rather he will visit in the morning. In this panchayati one Dharmendra Singh, Awadhesh Singh and others sat and query was made with Nirbhay Paswan and settlement has taken place upon delivery of 10 liter of oil. On the very next day at about 6.30 p.m. one

Patna High Court CR. MISC. No.23251 of 2022(2) dt.27-07-2022 2/3 Dhiraj Vishwkarma was abusing to Pintu Sao. Informant has further disclosed that 10 persons including the present petitioner started assaulting the informant party by lathi, danda, rod and brick, as a result of which father of the informant sustained serious injuries on his head and his cousin also got injury in her shoulder and hand. There was grievous injury to Rakesh Sao about which information was given to the local police and they went to the Nabinagar Hospital for treatment and during treatment father of the informant died on 09.02.2022. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence.

Petitioner is basically not a member of mob rather he was the member who use to console the dispute and requesting to the parties to resolve their dispute. It has also been mentioned by the learned counsel for the petitioner that he is in custody since 11.02.2022. There is no specific allegation against the petitioner, all the allegations are general and omnibus in nature. The antecedent of petitioner is clean.

Learned counsel for the State opposes the prayer for bail.

Considering the facts and circumstances of this case and the submissions made above, let the petitioner above

Patna High Court CR. MISC. No.23251 of 2022(2) dt.27-07-2022 3/3 named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Tandwa P.S. Case No. 14 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T