Laddu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45339 of 2021 Arising Out of PS. Case No.-328 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Laddu Tiwari S/o- Manbodh Tiwari R/o Village - Ekderwa, P.S. - Gopalganj, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks regular bail in connection with Gopalganj P.S. Case No. 328 of 2021 instituted for the offences under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 17.05.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of assaulting the brother of the informant, namely, Dudhnath Yadav with knife causing injuries in his abdomen, below chest on both sides and on his right finger. Learned counsel submits that Dudhnath Yadav sustained four lacerated

Patna High Court CR. MISC. No.45339 of 2021(2) dt.05-01-2022 2/2 wounds on his epigastric region, right index finger, axilla region and in the mid abdomen.

Learned counsel for the petitioner submits that there was a free fight between the petitioner on one side and the informant and his brother on the other side in which both sides got injured but the F.I.R. of the petitioner could not be instituted. It is further submitted that the petitioner also represented before the S.P. of the district but no action was taken on the same and the reason for the occurrence was land dispute. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 17.05.2021, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent and the injury appears to be lacerated in nature, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gopalganj in connection with Gopalganj P.S. Case No. 328 of 2021.

(Satyavrat Verma, J) Rishi/- U