Patna High CourtCR. MISC./63053/2023allowed

Ankit Kumar v. The State Of Bihar

2023-10-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63053 of 2023 Arising Out of PS. Case No.-490 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== ANKIT KUMAR S/O AKHILESH SHARMA R/O VILLAGE- KAMTA, P.SHILSA, DISTT.- NALANDA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 149, 341, 323, 324, 307, 379, 504, 506 and 427 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting the informant and his brother by means of Lathi, Bhala and rod, due to which they sustained injury and the accused persons took away ornaments.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is an admitted land dispute between the parties. There is a case and counter case between the parties. Members of both parties have sustained

Patna High Court CR. MISC. No.63053 of 2023(2) dt.04-10-2023 2/2 injury as alleged in a separate occurrence. He further submitted that no injury report of the brother of the informant is on record. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 27.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Ghosi P.S. Case No. 490 of 2023.

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