Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61303 of 2023 Arising Out of PS. Case No.-501 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Sanjay Prasad Son Of Baliram Prasad @ Balram Prasad Resident Of Village Mukeri Tola Bheria Police Station Gopalganj Town, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul Mr. Thakur Brajesh Singh For the Opposite Party/s :

Mr.Pronoti Singh For the Informant :

Mr. Vikash Kumar Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted the informant. Further, this petitioner assaulted him by means of axe due to which he sustained injury and when the brother of informant came to save him then all the accused persons including this petitioner assaulted him as well.

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

Patna High Court CR. MISC. No.61303 of 2023(2) dt.15-09-2023 2/2 falsely been implicated in this case due to previous enmity and dispute. It is further submitted that there is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. As per injury report, the doctor opined that the informant sustained two injuries on his hand caused by hard and blunt substance which is not vital part of the body. Moreover, the petitioner is languishing in judicial custody since 07.07.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. 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 Gopalganj P.S. Case No. 501 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj. (Sunil Kumar Panwar, J) Shubham/- U T