Guddu Dash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40100 of 2020 Arising Out of PS. Case No.-251 Year-2020 Thana- KESARIA District- East Champaran ====================================================== GUDDU DASH, S/o Bhaju Dash R/o Village- Trilokwa, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2021 Heard Mr. Sunil Kumar No.III, learned Counsel for the petitioner and Mr. Sunil Kumar Pandey, learned Additional Public Prosecutor for the State.
This application, for grant of regular bail, arises out of Kesariya Police Station Case No. 251 of 2020, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 354(A)(B), 379, 504, 506 of the Indian Penal Code. The allegation, as per the First Information Report is that the the co-accused persons along with the petitioner surrounded the informant in his field and started abusing him and they assaulted by means of Farsa on the head of the informant, however, the informant saved himself but the Farsa
Patna High Court CR. MISC. No.40100 of 2020(2) dt.10-02-2021 2/3 blow hit him in his right hand. It has also been alleged that the petitioner has allegedly snatched gold chain from the neck of the mother of the informant.
Learned counsel for the petitioner submits that the allegation against the petitioner is super addiction and he has falsely been implicated in this case due to land dispute between the parties. Learned counsel next submits that both the parties are co-villagers and there is admitted land dispute between them and title suit is also pending between them, as stated by the petitioner in para-8 of this application. Learned counsel next submits that the petitioner is in custody since 13.07.2020.
Having regard to the submissions made by the parties and taking into consideration the materials on record, nature of allegation and the fact that both the parties are co-villagers and there was land dispute between them, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Guddu Dash, 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 learned A.C.J.M.-3, Motihari, East Champaran, in connection with Kesariya Police Station Case No. 251 of
Patna High Court CR. MISC. No.40100 of 2020(2) dt.10-02-2021 3/3 2020.
It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J.) sanjeev/- U T