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Patna High CourtCR. MISC./54221/2023allowed

Satish Kumar v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54221 of 2023 Arising Out of PS. Case No.-25 Year-2022 Thana- GAUNAHA District- West Champaran ====================================================== Satish Kumar S/O Dayanand Mahto R/O Village- Rupwalia, Ps. Gaunaha, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 354B, 307, 504, 506/34 of the Indian Penal Code.

It is case of assaulting to the informant and her husband by the petitioner along with other accused persons by means of lathi, iron rod, khanti and Gadasa due to which the informant and her husband sustained injury.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. He has falsely been implicated in the present case. The petitioner is cousin of the informant's husband and alleged occurrence took

Patna High Court CR. MISC. No.54221 of 2023(2) dt.25-08-2023 2/2 place on account of land dispute between the parties. There is case and counter case between the parties. Good sense has been prevailed between the parties and compromise petition has been filed which is annexed as Annexure-3 to the petition. It is also submitted that petitioner has surrendered on 06.06.2023 and since then he is languishing in judicial custody. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gaunaha P.S. Case No.25 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran. (Sunil Kumar Panwar, J) lata/- U T