Sk. Baharul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40281 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== SK. BAHARUL S/o Late Sk. Gulzar Resident of Village- Bharbharwa, P.S.- Purshottampur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-02-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Purushottampur Police Station Case No. 44 of 2020, registered for the offences punishable under Sections 341/323/324/379/ 307/354-B/504/506/34 of the Indian Penal Code. The allegation, as per the First Information Report, is that the petitioner, along with other co-accused persons, assaulted the informant and others and the petitioner assaulted the informant by means of tangi (a sharp cutting weapon), due to which, the informant sustained injury near his forehead. Learned Counsel for the petitioner submits that both the parties are neighbours and there is dispute between them

Patna High Court CR. MISC. No.40281 of 2020(2) dt.26-02-2021 2/3 over drainage of rain water. He next submits that there is case and counter case between the parties inasmuch as Purushottampur Police Station Case No. 45 of 2020 has been lodged by the side of the petitioner. He, referring to the injury reports (Annexure-3 series), submits that the injuries sustained by the informant have been found to be simple in nature, caused by hard and blunt substance; whereas the allegation against the petitioner in the First Information Report is that he assaulted the informant by means of tangi, a sharp cutting weapon. He next submits that the petitioner is in custody since 09.06.2020. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that both the parties are close door neighbours having dispute over drainage of rain water, injuries caused by the petitioner is simple in nature and the petitioner is in custody since 09.06.2020, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, West Champaran, at Bettiah, in connection with Purushottampur Police Station Case

Patna High Court CR. MISC. No.40281 of 2020(2) dt.26-02-2021 3/3 No. 44 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √