Baleshwar Bin @ Baleshar Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28354 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- LAUKARIA District- West Champaran ====================================================== BALESHWAR BIN @ BALESHAR BIN Son of Late Subhash Bin Resident of village - Aragana Tola, Police Station- Laukariya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 341, 436, 504, 506 of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have set the hut of the informant on fire and Rs. 3,30,000 cash, box, chauki, palang, utensils, ornaments were burnt to ashes.

Learned counsel for the petitioner has submitted that

the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been found at the place of occurrence. There is land dispute between the parties. There is no eye witness in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.03.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran in connection with Laukariya P.S. Case No. 17 of 2022, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T