Rajendra Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8288 of 2021 Arising Out of PS. Case No.-260 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== RAJENDRA PATEL SON OF LATE DEO SHARAN PATEL RESIDENT OF VILLAGE - BARGACHHIYA, P.S. - BAIRIYA, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

:Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Bairiya P.S. Case no. 260 of 2020 registered under sections 307, 379, 324, 325 and other sections of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that as a result of some altercation over construction on a vacant piece of land, the accused persons including the petitioner herein, came variously armed and the petitioner is stated to have assaulted the informant with a 'daab'. It is submitted by learned counsel for the petitioner that from perusal of the F.I.R. itself, it would transpire that there was land dispute between the parties. The manner of occurrence as alleged in the F.I.R. is false and incorrect. The true version of the occurrence has been narrated in the counter-case being Bairiya P.S. Case no. 261 of 2020, F.I.R. of which has been

Patna High Court CR. MISC. No.8288 of 2021(3) dt.06-07-2021 2/2 brought on record as annexure to the supplementary affidavit. Both the parties sustained injuries by hard and blunt substance, injuries of both being simple in nature. The petitioner is in custody since 9.10.2020 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, investigation in the case having concluded and the petitioner being in custody since 9.10.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bairiya P.S. Case No. 260 of 2020 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 Chief Judicial Magistrate, Bettiah, West Champaran.

(Partha Sarthy, J) Prakash/- U T