Patna High CourtCR. MISC./53668/2024bail granted

Toofan Das @ Toofani Das v. The State Of Bihar

2024-08-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53668 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- SALIMPUR District- Patna ====================================================== Toofan Das @ Toofani Das Son of Late Ram Sahay Das R/O Vill.- Sunadarpur, P.S.- Salimpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suman Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Salimpur P.S. Case No. 75 of 2024, instituted for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons went to the house of the informant, abused and assaulted her by means of iron rod on her head and also assaulted her son-in-law and daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.53668 of 2024(2) dt.07-08-2024 2/2 possession of the petitioner. Learned counsel for the petitioner further submits that there is case and counter case between the parties. As per injury report, the injury caused to the informant is simple in nature caused by hard and blunt object. The petitioner is in custody since 31.03.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salimpur P.S. Case No. 75 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T