← Library
Patna High CourtCR. MISC./5959/2021allowed

Gajadhar Das @ Rajkishore Das v. The State Of Bihar

2021-04-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5959 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- MAHESI District- East Champaran ====================================================== GAJADHAR DAS @ RAJKISHORE DAS Son of Ramchandra Das @ Chandra Das Resident of Village - Mithanpura, P.S.- Mehahsi, Distt.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Mehahsi P.S. Case No.144 of 2020 registered for the offence punishable under Sections 341, 323, 325, 307, 304/34 of the IPC. The allegation against the petitioner is that he assaulted the father-in-law of the informant by lathi and when the

Patna High Court CR. MISC. No.5959 of 2021(2) dt.13-04-2021 2/3 informant and her mother-in-law tried to intervene, he assaulted them also.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to malafide intention and ulterior motive. There is a land dispute between the parties. Father-in-law of the informant has sustained injury on his leg, which is not on the vital part of the body and rest injuries sustained are simple in nature. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 27.05.2020.

Learned APP for the State opposed the bail petition and submitted that the informant's father-in-law sustained grievous injury in his hand and leg. The informant and her mother-inlaw have also sustained several injuries. Considering the facts that the injury sustained was not on the vital parts of the body, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.,

Patna High Court CR. MISC. No.5959 of 2021(2) dt.13-04-2021 3/3 VI, Motihari in connection with Mehahsi P.S. Case No.144 of 2020.

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