Ishwar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23529 of 2022 Arising Out of PS. Case No.-234 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Ishwar Patel Son of Late Sitaram Patel Resident of Village - Salehpur, P.s.- Mohammadpur, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anita Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Mohammadpur P.S. Case No. 234 of 2020 lodged under Sections 341, 323, 302, 120B, 34 of the Indian Penal Code. The present F.I.R. has been lodged on the basis of alleged conspiracy against 8 named accused persons to kill the son of the informant, Sonu Tiwari.

Learned counsel for the petitioner submits that the present F.I.R. is out and out false one due to the reason that in the same Police Station P.S. Case No. 233 of 2020 was filed

Patna High Court CR. MISC. No.23529 of 2022(2) dt.12-08-2022 2/3 against Sonu Tiwari, the deceased and according to the said F.I.R. he has entered in the house with a view to commit theft but villagers gathered and the said thief was brutally assaulted by the villagers which was identified as Sonu Tiwari and case was lodged. Learned counsel for the petitioner further submits that there is a pending land dispute going on between the family of the informant and the petitioner which is apparent from Annexures 3 & 3A of the petition and petitioner is in custody since 14.03.2022. He further submits that other accused persons of the same case have already been granted bail by the Co-ordinate Bench of this Court vide order dated 23.12.2021 passed in Cr. Misc. No. 29923 of 2021 and vide order dated 12.01.2022 passed in Cr. Misc. No. 45892 of 2021.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Gopalganj in connection with Mohammadpur P.S. Case No.

Patna High Court CR. MISC. No.23529 of 2022(2) dt.12-08-2022 3/3 234 of 2020, 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