Patna High CourtCR. MISC./62448/2023allowed

Madan Sah v. The State Of Bihar

2023-09-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62448 of 2023 Arising Out of PS. Case No.-412 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Madan Sah Son Of Late Belash Sah Resident Of Village- Math Lohiyan, Ward No. 14, Ps- Harsidhi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, the petitioner is alleged to have assaulted upon the head of the informant by means of iron rod due to which he sustained injury. Other co-accused persons also assaulted the family members of the informant in the course of incident.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both the parties are agnates and a land dispute going on between them due to which the petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.62448 of 2023(2) dt.21-09-2023 2/2 case. For the alleged occurrence of 20.6.2023, the present FIR was lodged on 25.6.2023 after delay of five days. There is is also case and counter case between he parties. It is further submitted that the petitioner is languishing in judicial custody since 2.7.2023.

5. Learned APP appearing for the state has 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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harsidhi P.S. Case No. 412 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, East Champaran at Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T