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Patna High CourtCR. MISC./45732/2022allowed

Fucho Singh v. The State Of Bihar

2023-02-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45732 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== FUCHO SINGH S/O LATE NUNU SINGH Resident of village- Mohanpur Ward No- 10, P.S.- Begusarai Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 341, 323, 307, 379, 504, 337 and 338 of the Indian Penal Code. As per allegation in the FIR, all accused persons including the petitioner have assaulted the informant by pelting the stones as a result of which he received head injury. Specific allegation against the petitioner of assaulting to Prince Kumar and accused Bablu Singh assaulted to informant's father. It is further alleged that petitioner entered into the house of the informant and robbed Rs. 17,500/-.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.45732 of 2022(4) dt.13-02-2023 2/2 that petitioner has been falsely implicated in this case. For the alleged occurrence of 8.1.2022, FIR has been lodged after a delay of nine days i.e. on 17.01.2022 without any plausible reason. Injury received by the prince Kumar is simple in nature, who is alleged to have assaulted by this petitioner. Similarly situated other accused persons have already been enlarged on bail vide order dated 14.11.2022 passed in Cr. Misc. No. 25439 of 2022. Petitioner is languishing in judicial custody since 09.06.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Begusarai Muffasil P.S. Case No. 23 of 2022.

(Sunil Kumar Panwar, J) sushma/- U