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Patna High CourtCR. MISC./33224/2023allowed

Shashi Bhushan Singh @ Shashi Bhushan Kumar Singh v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33224 of 2023 Arising Out of PS. Case No.-169 Year-2013 Thana- ATRI District- Gaya ====================================================== Shashi Bhushan Singh @ Shashi Bhushan Kumar Singh Son Of Sri Shravan Singh Resident Of Village - Bhattu Bigha, P.S - Atri, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Let the defects, as pointed out by the office, be ignored.

Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 325, 326, 307, 385, 504, 506, 379/34 of the Indian Penal Code.

It is alleged against the petitioner that he assaulted with Garasa on the head of the son of the informant, as a result of which he sustained head injury.

Patna High Court CR. MISC. No.33224 of 2023(2) dt.29-08-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is land dispute between the parties. For the alleged occurrence of 09.09.2013, the F.I.R was registered on 12.09.2013. Moreover, other co-accused has been granted bail by a coordinate Bench of this Court vide order dated 25.09.2018 passed in Cr. Misc. No. 49160 of 2018. The petitioner is languishing in custody since 12.07.2022.

Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of the charge, if the charge has not been framed, on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the

Patna High Court CR. MISC. No.33224 of 2023(2) dt.29-08-2023 3/3 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Gaya in connection with Atri P.S. Case No. 169 of 2013.

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