Kishor Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60359 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Kishor Das Son of Late Shatrughan Das Resident of Village- Khabra, P.S.- Sadar, District- Muzaffarpur(Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP For the Informant :

Mr. Ravi Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State as also the learned counsel appearing for the informant.

The petitioner seeks regular bail in connection with Sadar P.S. Case No. 24/2022, registered for the offence punishable under Sections 341, 323, 379, 307, 504, 427 and 506/34 of the Indian Penal Code.

The case of the prosecution, in brief, is that the informant had purchased a land, whereafter he had constructed a boundary wall around his land. On 12.1.2022, the accused persons including the petitioner herein, variously armed,

Patna High Court CR. MISC. No.60359 of 2022(3) dt.01-02-2023 2/3 had arrived at the said land of the petitioner and had started breaking the boundary wall in question, whereupon the mother and sister of the informant had restrained the accused persons, whereafter the co-accused person, namely, Shyam Das, had ordered to kill, leading to the petitioner having inflicted iron rod blow on the head of the sister of the informant, namely, Jugnu Kumari, resulting in her sustaining grievous injuries. It is also alleged that all the accused persons had then assaulted the informant and his mother by leg, fists and danda (stick).

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 29.6.2022.

Per contra, the learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the

Patna High Court CR. MISC. No.60359 of 2022(3) dt.01-02-2023 3/3 submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also having perused the order dated 31.8.2022, this Court finds that the complicity of the petitioner in the alleged occurrence is writ large from the records and the petitioner has been alleged to have inflicted iron rod blow on the head of the sister of the informant, resulting in her receiving serious injuries, hence, I am not inclined to grant bail to the petitioner at the moment, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T