Akshay Shukla @ Akshay Kumar Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59333 of 2022 Arising Out of PS. Case No.-562 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Akshay Shukla @ Akshay Kumar Shukla Son Of Himanchal Shukla @ Himalaya Shukla Resident Of Village - Patkhauli, Police Station - Chanpatia (Kumarbagh O.P.), District - West Champaran.

2.

Laddu Thakur Son Of Dadan Thakur Resident Of Village - Ugrasen Tola, Police Station - Chanpatia (Kumarbagh O.P.), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 379, 385, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, while the informant with his bhagina namely, Rupesh Pandey was going on motorcycle, in the meantime, the accused persons including petitioner came and surrounded them. It is further alleged that the they assaulted to the informant and his Bhagina as a result of which they sustained injuries.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.59333 of 2022(2) dt.04-02-2023 2/2 petitioners are innocent and have committed no offence. There is land dispute in between the father of petitioner no.1 and the informant's family due to which these all petitioner have falsely been made accused in this present case. There is case and counter case, both parties sustained injuries as alleged in separate occurrences. The accused persons are alleged to be assaulted by means of knife to injured Rupesh Pandey, but he sustained only one injury. It is further submitted that the petitioners are languishing in judicial custody since 6.7.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Chanpatia P.S. Case No. 562 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District- West Champaran.