Parmanand Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35198 of 2024 Arising Out of PS. Case No.-335 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Parmanand Das S/O Kapil Das R/O Village- Fatehpur, P.S- Didarganj, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2024 Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in Didarganj P.S. Case No. 335 of 2023, instituted for the offences punishable under Sections 147, 149, 323, 307, 447, 448, 379, 337, 427 and 504 of the Indian Penal Code.

3. The prosecution case, in short, is that, petitioner along with other co-accused persons armed with deadly weapons assaulted the informant and his brother due to which they sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.35198 of 2024(2) dt.09-05-2024 2/2 the conscious possession of the petitioner. It is further submitted that there is case and counter case between the parties. There is delay of six days in lodging the F.I.R. There is specific allegation against the petitioner of assaulting Sanjay Das by means of lathi and the injury sustained is grievous in nature. Both the parties are own gotiyas and next door neighbours. The petitioner is in custody since 04.01.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter case between the parties and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Didarganj P.S. Case No. 335 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T