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Patna High CourtCR. MISC./46808/2023allowed

Lalan Singh v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46808 of 2023 Arising Out of PS. Case No.-16 Year-2021 Thana- BARARI District- Katihar ====================================================== Lalan Singh S/O Late Maheshwar Singh R/O Village- Durgapur, P.S- Barari, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 354(A), 307, 379, 427, 504 of the Indian Penal Code.

3. The allegation against the petitioner and other co-accused persons is that they uprooted the crop and tree from the land of the informant. It is further alleged that when the informant reached there and

Patna High Court CR. MISC. No.46808 of 2023(5) dt.06-11-2023 2/3 raised protest, petitioner assaulted the informant with sword and rod due to which he sustained head injuries. Co-accused persons also assaulted the informant. When family members of the informant came to his rescue, they were also assaulted by co-accused persons.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to land dispute between them. There is case and counter case between the parties. Moreover, the petitioner is languishing in judicial custody since 17.04.2023.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.46808 of 2023(5) dt.06-11-2023 3/3 bail in connection with Barari (Semapur) P.S. Case No. 16 of 2021 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 III, Katihar.

(Sunil Kumar Panwar, J) Nirajkrs/- U T