Gorakh Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25192 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== GORAKH MISTRY Son of Basant Mistry Resident of Village - Mahuari, P.S.- Arwal, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 341, 323, 324, 307, 504, 379 of the Indian Penal Code. As per prosecution case, the petitioner and other co-accused persons along with 20-25 unknown persons came to the place where the house of the informant was being constructed and they objected to the construction of the said house and when the informant and his brother opposed their contention, the petitioner and the other coaccused assaulted the informant and his brother. Thereafter, the assailants damaged the semi constructed house and fled

Patna High Court CR. MISC. No.25192 of 2023(2) dt.23-05-2023 2/3 away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. There is no specific allegation of assaulting attributed against the petitioner. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 19.05.2023 passed in Cr. Misc. No. 25573 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 09.02.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Arwal P.S. Case No. 27 of 2023 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.25192 of 2023(2) dt.23-05-2023 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal Jehanabad.

(Sunil Kumar Panwar, J) manishkumar/- U T