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Patna High CourtCR. MISC./63204/2022allowed

Ghantu Singh v. The State Of Bihar

2023-02-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63204 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- BHADAUR District- Patna ====================================================== Ghantu Singh Son Of Late Chhotan Singh Resident Of Village- Darbey, P.S.- Bhadaur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 448, 324, 326, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that while the informant was at his house, all the F.I.R named accused persons including the petitioner arrived there and started abusing the informant. On protest, this petitioner fired upon him, which hit on his left soldier and

Patna High Court CR. MISC. No.63204 of 2022(2) dt.21-02-2023 2/3 blood started oozing. The informant was thereafter taken to the hospital by the family members.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is a liquor seller in the area and petitioner being public representative have protested for selling of the liquor, hence, as a retaliatory measure, this false case has been registered against the petitioner. The injury sustained by the informant is not on vital part of the body. There is no accusation of repeating the blow. The petitioner is languishing in custody since 26.08.2022.

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 Judicial Magistrate, 1st Class, Barh, Patna in connection with Bhadaur P.S. Case No. 32 of 2022.

Patna High Court CR. MISC. No.63204 of 2022(2) dt.21-02-2023 3/3 The petitioner will cooperate in the trial and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (Sunil Kumar Panwar, J) Shageer/- U T