Awadhesh Kumar @ Awadhesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59735 of 2023 Arising Out of PS. Case No.-358 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== Awadhesh Kumar @ Awadhesh Sahani Son Of Hiralal Sahani VillagePundar, Ps- Madhuban, Dist- East Champaran, Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 379, 354B, 385, 504,506/34 of the Indian Penal Code. As per prosecution case, the allegation against the accused persons including the petitioner is that they came at the shop of the informant and assaulted the informant and his mother. It is further alleged that they took away cash Rs. 11,400/- from the counter of his shop and also took away Rs. 2200/- from the pocket of the informant and golden mangal sutra of his mother.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.59735 of 2023(2) dt.11-09-2023 2/2 falsely been implicated in this case due to dirty village politics. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. It is further submitted that during investigation no consistent material has come out against the petitioner. He has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.07.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhuban P.S. Case No. 358 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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