Baldhurup Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30933 of 2022 Arising Out of PS. Case No.-438 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Baldhurup Kewat Son of Late Lekhraj Kewat Resident of Amjhar Tola, Moti Bigha, Police Station-Belaganj, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Belaganj P.S. Case No. 438 of 2021 lodged under Sections 341, 323, 307, 504, 506/34 of the I.P.C.

As per the prosecution case, due to partition in the family, the dispute has arisen and allegation of assaulting by lathi is there in the F.I.R. against the petitioner. Learned counsel for the petitioner submits that for the same date and place of occurrence, there is case and counter case. Both belongs to agnates and the present case is F.I.R. Belaganj 438 of 2021 whereas the counter case was filed by the

Patna High Court CR. MISC. No.30933 of 2022(3) dt.06-12-2022 2/2 accused Vijay Kewat in Belaganj P.S. Case No. 449 of 2021. From the contents of the F.I.R., it transpires that the injury has taken place from both the sides and this dispute was relating to the partition of land. Counsel submits that petitioner is in custody since 03.02.2022 having clean antecedent and charge sheet has already been filed in this case.

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 Additional Chief Judicial MagistrateIInd, Gaya in connection with Belaganj P.S. Case No. 438 of 2021, 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.) sadique/- U T