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Patna High CourtCR. MISC./62007/2023allowed

Kishan Kumar @ Niraj Das v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62007 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Kishan Kumar @ Niraj Das Son Of Surendra Das Resident Of VillageJamuniya, Ps -KOTWA (BHOPATPUR Op) Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

It is alleged that all the F.I.R named accused persons including the petitioner assaulted the informant and other family members. It is specifically alleged against the petitioner that he assaulted with

Patna High Court CR. MISC. No.62007 of 2023(3) dt.12-10-2023 2/3 Daab to Sudama Das.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is next door neighbour of the informant and in the background of previous land dispute, the accusation has been levelled against the petitioner. Moreover, the injury sustained to the injured Sudama Das is simple in nature and there is no accusation of repeating the blow. The petitioner is languishing in custody since 17.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Motihari, East Champaran in connection with Kotwa (Bhopatpur O.P) P.S. Case

Patna High Court CR. MISC. No.62007 of 2023(3) dt.12-10-2023 3/3 No. 231 of 2023.

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