Ashok Pandey @ Ashok Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64581 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== ASHOK PANDEY @ ASHOK KUMAR PANDEY S/OLATE JANAK PANDEY R/o Village-Haluaad Pandey Tola, P.S.- Sidhvaliya, DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Shubhangi Pandey, Advocate For the State :

Mr. Surendra Prasad Singh, APP For the Informant :

Mr. Vivek Kr. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsels for the parties.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 325, 354, 307, 504, 506, 379 and 34 of the Indian Penal Code.

3. As per prosecution case, allegation against this petitioner is of commission of assault upon daughter of informant by means of lathi. Doctor has found the injuries sustained by the injured to be grievous in nature.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and have falsely been implicated in this case merely because of land dispute between the parties. F.I.R. has been lodged after delay of two days and there is no explanation for the same. There is case and counter-case

Patna High Court CR. MISC. No.64581 of 2024(2) dt.06-12-2024 2/2 between the parties and Sidhwalia P.S. Case No. 299 of 2023 has been lodged by the petitioner against the prosecution side. Petitioner is in custody since 14.06.2024. Moreover, chargesheet has already been submitted.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation of assault against this petitioner.

6. Considering the aforesaid facts and circumstances of the case, rival submissions, nature of accusation and period of custody, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Gopalganj, in connection with Sidhwalia P.S. Case No. 296 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T