Hiro Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55334 of 2023 Arising Out of PS. Case No.-428 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== Hiro Das Son of Bigu Das Village- Dhanhar Dihuli Ps- Ramgarhwa Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Mishra, Adv For the Opposite Party/s :
Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 354, 504 and 34 of the Indian Penal Code.
3. Allegation against the petitioner and other coaccused person is that he assaulted the brother of the informant by means of Farsa on his head . It is also alleged that petitioner snatched gold chain and cash of Rs. 1500/- from the brother of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the occurrence took place on
Patna High Court CR. MISC. No.55334 of 2023(3) dt.14-09-2023 2/2 11.12.2022 and the FIR was lodged on 13.12. 2022 without giving any explanation of delay. There is land dispute between the parties. The bail application of the petitioner was rejected by the court below because the injury was found on the head of the informant's brother which is vital part of the body.
5. Learned APP for the State opposes the prayer for bail and submits that petitioner has one criminal antecedent.
6. Considering the facts that the nature of the injury is not mentioned in the impugned order, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ramgarhawa P.S. Case No. 428 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) N.K/- U T