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Patna High CourtCR. MISC./64173/2023bail granted

Bhaglu Rishideo v. The State Of Bihar

2023-10-19Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64173 of 2023 Arising Out of PS. Case No.-251 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== Bhaglu Rishideo, Son of Gumani Rishideo, resident of Village- Larha Majhoa, P.S. Singheshwar, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-10-2023 Heard Mr. Nafisuzzoha, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecution for the State.

2. The petitioner is apprehending his arrest in connection with Singheshwar P.S. Case No. 251 of 2019 registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

3. Allegation against the petitioner is of causing assault to the informant by means of Iron rod, due to which he sustained serious injury. Further allegation has been levelled against the other accused persons.

4. It is submitted on behalf of the petitioner that persons of both the sides are close agnates and there is a long

Patna High Court CR. MISC. No.64173 of 2023(2) dt.19-10-2023 2/3 standing dispute pending between the parties for the share in the ancestral land. He next submits that the injury, which is allegedly sustained over the head of the informant, is found to be simple in nature. He lastly submits that there is no repetition of blow. That apart, the petitioner bears fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the court.

5. On the other hand, learned APP for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of the injury, coupled with the fair antecedent and the genesis of the crime, in question, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 251 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall

Patna High Court CR. MISC. No.64173 of 2023(2) dt.19-10-2023 3/3 be the own/close relative of the petitioner.

(Harish Kumar, J) uday/- U T