Satendra Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32376 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- OBRA District- Aurangabad ====================================================== SATENDRA VISHWAKARMA SON OF LATE GUPTESHWAR VISHWAKARMA R/O VILLAGE- BISHUNPURA, P.S.- OBRA, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmeshwar Vishwakarma For the State Mr.Pranav Kumar For the informant Mr. Amit Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code.

As per allegation, petitioner and co-accused persons with some unknown persons came at the house of the informant and asked the prosecution party to vacate the land and thereafter they attacked on the prosecution party by gun, lathi, iron rod and four persons are stated to have sustained injury in the occurrence. The main submissions advanced by Sri Parmeshwar Vishwakarma the learned counsel appearing for the petitioner are that petitioner has got no criminal antecedent, there is counter case lodged

Patna High Court CR. MISC. No.32376 of 2022(2) dt.29-08-2022 2/2 by petitioner's side and two persons from petitioner's side sustained injury which shows a free fight having occurred due to land dispute. Further submission is that there is no specific allegation against the petitioner.

Sri Pranav Kumar, learned APP appearing for the State and Sri Amit Anand learned counsel for the informant have vehemently opposed the prayer for bail.

Heard both sides, perused the FIR, injury reports concerned to this case. There is no specific allegation against the petitioner and as per above submission persons from both sides sustained injury in the occurrence and the petitioner has taken the plea that free fight took place between the parties due to land dispute, petitioner has got no criminal antecedent.

Considering these facts as well as custody period of the petitioner and his clean antecedent, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Daudnagar, Aurangabad in Obra P.S Case No. 143 of 2022.

(Shailendra Singh, J) s.hassan/- U T