Patna High CourtCR. MISC./51099/2024dismissed

Phulo Sada v. The State Of Bihar

2024-07-29Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51099 of 2024 Arising Out of PS. Case No.-322 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Phulo Sada Son of Late Basudev Sada R/O Vill.- Barmashia, Mushari, P.s.- Pasraha, Dist.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pasraha P.S. Case No. 322 of 2023 registered for the offence punishable under Sections-341, 323, 324, 307, 504/34 of the Indian Penal Code.

3. As per prosecution case, the accused persons are said to have been digging the land in dispute, forcibly and on protest, the accused persons attacked the informant. It is further alleged that when the informant tried to flee away, this petitioner is said to have assaulted the informant with spade as a result of which, he sustained bleeding injury on his head.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.51099 of 2024(2) dt.29-07-2024 2/2 that the petitioner is innocent and he has falsely been implicated in this case. The petitioner is a person of clean antecedent. The is no eye witness to the occurrence. It has further been submitted that there is no cogent material to substantiate the allegation levelled against the petitioner. The petitioner is in custody since 21-03-2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the fact that there is specific allegation against the petitioner to assault the informant on his head by means of spade as a result of which he sustained grievous injury, I am not inclined to grant bail to the petitioner and accordingly, the same is rejected.

7. However, if so advised, the petitioner may renew his prayer for bail after completion of six months in custody before the court below itself.

(Nawneet Kumar Pandey, J) A.K.V.//- U T