Basuki Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41569 of 2023 Arising Out of PS. Case No.-197 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== Basuki Mishra S/O Balli Narayan Mishra R/O Village- Bihnagar, Ps. Pandaul, Dist. Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Madan Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner is to assault the informant and others along with coaccused persons due to which four persons of informant side sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There was an election dispute between the parties due to which this petitioner has falsely been implicated in this case. As per FIR, only allegation against the petitioner is to assault the informant as well as injured Vijay Kumar Mishra but in the alleged

Patna High Court CR. MISC. No.41569 of 2023(3) dt.31-07-2023 2/2 incident, the petitioner also sustained injuries. There is case and counter case between the parties. Other co-accused persons of this case have already been granted bail by co-ordinate Bench of this Court vide order 21.7.2023 passed in Cr. Misc. No. 37570 of 2023. The petitioner has got no criminal antecedent as stated in para-3 of the petition. It is further submitted that the petitioner is languishing in judicial custody since 11.4.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Pandaul P.S. Case No. 197 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani. (Sunil Kumar Panwar, J) Amandeep/- U T