Dablu Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64988 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Dablu Kushwaha, aged 28 years (Male), son of Vyas Mahto, resident of Village- Singhpur Haraiya, P.S.- Haraiya, Dist- East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sunil Kumar No. III, Advocate For the Opposite Party :
Mr. Shyam Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Raxaul (Haraiya) P.S. Case No. 127 of 2023 dated 10.03.2023 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the I.P.C.
3. As per the prosecution case, the petitioner and the other accused persons are alleged to have assaulted the informant and his son by means of various deadly weapons.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent, as stated in paragraph no. 3 of the bail petition. It is submitted that there is a
Patna High Court CR. MISC. No.64988 of 2023(2) dt.12-10-2023 2/2 case and counter case between the parties. A Title Suit No. 04 of 2012 is also pending in the court of learned Munsif, Raxaul at Motihari, East Champaran between the parties and on account of that the alleged occurrence had taken place between the parties. Other co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 44801 of 2023 under order dated 23.08.2023, annexed as Annexure-3 to the bail petition. He is in custody in this case since 17.07.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Raxaul at Motihari, East Champaran, in connection with Raxual (Haraiya) P.S. Case No. 127 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T