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Patna High CourtCR. MISC./51002/2022allowed

Ashok Rout @ Ashok v. The State Of Bihar

2023-02-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51002 of 2022 Arising Out of PS. Case No.-43 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== Ashok Rout @ Ashok S/O Suresh Rout Resident Of Village- Keshru Dharampur, P.S.- Chandauti And District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 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, 323, 379, 307, 504, 506, 34 of the Indian Penal Code.

It is alleged against the petitioner that he assaulted with stone to the brother of the informant, Niranjan Kumar, as a result of which, he received

Patna High Court CR. MISC. No.51002 of 2022(4) dt.17-02-2023 2/3 injuries on the eye.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The brother of the informant received injuries due to the stone thrown by his own family members. There is no accusation of repeating the blow against the petitioner. There is land dispute between the parties and the witnesses have not supported the case of the prosecution. Other co-accused person has been granted bail vide Cr. Misc. No. 63692 of 2021. The petitioner is languishing in custody since 07.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 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/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.51002 of 2022(4) dt.17-02-2023 3/3 Magistrate, Gaya in connection with Chandauti P.S. Case No. 43 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T