Chandan Prasad @ Chandan Kumar @ Chandeshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51977 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== CHANDAN PRASAD @ CHANDAN KUMAR @ CHANDESHWAR PRASAD son of Shree Prasad @ Avtar Prasad Village- Neerpur Ps- Paharpur Dist- 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.Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 447, 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner is alleged to have assaulted upon the head of the informant's father by means of farsa due to which he fell down and sustained injury. Other accused persons also assaulted the informant's side during course of the incident.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a land dispute between the parties as a result of which, the
Patna High Court CR. MISC. No.51977 of 2023(3) dt.19-09-2023 2/2 petitioner has falsely been implicated in this case. It is further submitted by learned counsel for the petitioner that the injury report of the injured does not in-consonance with the prosecution allegation. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 9.4.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Paharpur P.S. Case No. 132 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T