Patna High CourtCR. MISC./38999/2023bail granted

Gurucharan Das @ Gulchanar Das v. The State Of Bihar

2023-07-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38999 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== GURUCHARAN DAS @ GULCHANAR DAS, SON OF LATE BANARSHI DAS, RESIDENT OF VILLAGE AND P.S.- SHAHKUND, DISTRICTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tarun Prasad Mandal, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-07-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Shahkund P.S. Case no. 375 of 2022 registered under sections 379, 341, 323, 354, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that over a dispute between his mother and his uncle, informant's uncle along with other co-accused started to abuse his mother and on the informant's intervening he was also assaulted.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case over a family dispute. The allegations are general and omnibus in nature and there was delay of 22 days in lodging of the F.I.R.

Patna High Court CR. MISC. No.38999 of 2023(2) dt.07-07-2023 2/2 The petitioner is in custody since 05.04.2023 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation in the F.I.R, the relationship between the two sides, the cause of dispute leading to the alleged occurrence, the delay of 22 days in lodging of the F.I.R, the petitioner having remained in custody since 05.04.2023, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Shahkund P.S. Case no. 375 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Bhagalpur. (Partha Sarthy, J) avinash/- U T