← Library
Patna High CourtCR. MISC./51250/2023allowed

Panchit Kushwaha @ Panchit Kumar v. The State Of Bihar

2023-10-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51250 of 2023 Arising Out of PS. Case No.-84 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Panchit Kushwaha @ Panchit Kumar Son Of Khedan Kushwaha Resident Of Village - Gokhula, P.S. - Banjariya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjana Srivastava For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 324, 307, 406, 504, 506, 34 of the Indian Penal Code.

It is alleged by the informant that the petitioner and two other accused persons surrounded him and this petitioner gave a knife blow on the right side eye of the informant. The accused persons also assaulted him by iron rod and knife and took away mobile and cash of Rs.

Patna High Court CR. MISC. No.51250 of 2023(3) dt.16-10-2023 2/3 6000/-.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is a village tutor and in the background of some petty dispute, the accusation has been levelled against the petitioner. The injury of the informant suggests that injuries have been caused by hard and blunt substance which does not corroborate the case of the prosecution. The petitioner is languishing in custody since 26.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.51250 of 2023(3) dt.16-10-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 84 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T