Indrajeet @ Indrajeet Kumar @ Amarjeet Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55077 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== Indrajeet @ Indrajeet Kumar @ Amarjeet Baitha S/O Hari Narain Baitha R/O Village- Kaup, P.S- Charpokhari, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ataul Haque For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that in the background of some petty dispute, all the F.I.R named accused persons including the petitioner came at the door of the informant and started assaulting the informant and other family members. It is alleged against the petitioner that he assaulted with farsa on the

Patna High Court CR. MISC. No.55077 of 2023(3) dt.05-09-2023 2/3 head of the son of the informant as a result of which, he sustained head injuries. The petitioner also fired from his pistol which did not hit anyone.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is nephew of the informant and both sides were inimical with each other from before. There is counter version of the occurrence also and petitioner's side also sustained injuries. Moreover, good sense has prevailed between the parties and both sides have compromised the issue. The compromise petition has been annexed as Annexure-3 to the petition and Annexure-P/5 of the I.A. No. 1 of 2023. The petitioner is languishing in custody since 27.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.55077 of 2023(3) dt.05-09-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 120 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T