Arjun Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.624 of 2021 Arising Out of PS. Case No.-152 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== ARJUN PATEL, Son of Prabhu Patel, Resident of Village- Saraiya Chitha, P.S.- Paharpur, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Sunil Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Witch Act.

The accusation in the FIR is that on the suspicion against the wife of the informant practicing witchcraft, the petitioner and others tried to administer faces in her mouth. When this was protested by the informant, he and his son were assaulted. Later, two other persons are said to have assaulted the

Patna High Court CR. MISC. No.624 of 2021(2) dt.24-02-2021 2/2 deceased. The deceased died after a day of the occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. There is case and counter case between the parties. There is allegation of assault to the informant with the lathi due to which the hand of the informant fractured. The petitioner is in custody since 17.06.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The co-accused have been granted bail by this court vide order dated 10.02.2021 passed in Cr. Misc. No.34624/2020. Learned APP for the State has opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Paharpur P.S. Case No. 152/2020 to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.

(Anjani Kumar Sharan, J) amitkumar/- U T