Upendra Sharma @ Upendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65037 of 2021 Arising Out of PS. Case No.-209 Year-2021 Thana- PIPRA District- East Champaran ====================================================== UPENDRA SHARMA @ UPENDRA THAKUR Son of Gyan Chand Sharma Resident of Village - Madhurapur, Police Station - Pipra, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Wasi Akhtar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-05-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 341, 323, 324, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have assaulted the informant as also her son with a khukhari. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his relationship being the step son of the informant. A trivial dispute has been exaggerated in the FIR. The injuries on the son of the informant was found to be simple in nature. Although the opinion with respect to nature of the injury on the

Patna High Court CR. MISC. No.65037 of 2021(3) dt.13-05-2022 2/2 informant has been reserved, however, no final report is available. The petitioner is in custody since 3.8.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations in the FIR, the relationship between the parties, the petitioner having remained in custody for 9 months and investigation in the case having concluded, the petitioner is directed to be enlarged on bail in connection with Pipra P.S. Case no. 209 of 2021 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 Sub Divisional Judicial Magistrate, Chakia at Motihari, East Champaran.

(Partha Sarthy, J) Spd/- U T