Patna High CourtCR. MISC./51605/2023allowed

Sonu Tiwari v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51605 of 2023 Arising Out of PS. Case No.-218 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Sonu Tiwari Son Of Dhrubnarayan Tiwari @ Dhrupnarayan Tiwari R/OChamhi, P.S.-Shikarganj, Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 307, 354, 379, 504/34 of the Indian Penal Code.

3. It is a case of assaulting to the informant and his family members. Specific allegation against the petitioner is of assaulting to informant's son by means of khanti. The alleged occurrence took place in the background of land dispute as over the land of informant's elder son, accused persons were trying to construct house over it.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There was a free fight in which members of both sides have sustained

Patna High Court CR. MISC. No.51605 of 2023(2) dt.11-08-2023 2/2 injury. The alleged occurrence took place at the spur of moment. Informant's son has received simple injury as per submission made by learned counsel for the petitioner. Petitioner has got no criminal antecedent and languishing in judicial custody since 23.6.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial magistrate 1st Class, Shikarpur at Dhaka, East Champaran in connection with Chiraiya (Shikarganj) PS Case No. 218 of 2022.

(Sunil Kumar Panwar, J) sushma/- U