Patna High CourtCR. MISC./62721/2023allowed

Shibu Gupta v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62721 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Shibu Gupta S/O Lakshman G @ Luxman Jee R/O Village- Mirachaiya Tola, Ps. Bhagwan Bazar, Dist. Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avnish Kumar Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

3. As per allegation in the FIR, brother of the informant has gone to his relative house and there petitioner and accused Ashish Gupta came there and started to abuse him. Petitioner catch hold brother of the informant and accused Ashish Gupta assaulted him by means of sword on his neck.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of assault is against Ashish Gupta and not against the petitioner. The present case is counter blast to Bhagwan Bazar PS Case No. 262 of 2023 lodged by mother of the petitioner

Patna High Court CR. MISC. No.62721 of 2023(2) dt.22-09-2023 2/2 against brother of the informant. There is no repetition of assault. Petitioner has got no criminal antecedent and languishing in judicial custody since 23.6.2023.

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, 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 ACJM 1st, Saran at Chapra in connection with Bhagwan Bazar PS Case No. 257 of 2023.

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