Bhagdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62384 of 2022 Arising Out of PS. Case No.-363 Year-2022 Thana- MAHUA District- Vaishali ====================================================== BHAGDEO SINGH S/o Late Narain Singh R/o Village- Rasulpur (Osti), P.S.- Mahua, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner, 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 341, 323, 325, 307, 379, 324, 504, 506/34 of the Indian Penal Code. As per prosecution case, when the informant was going to his relative house, in the meantime, the petitioner along with co-accused persons came and surrounded him. Thereafter, the petitioner gave a knife blow on the head of the informant due to which he sustained injury and also snatched cash of Rs. 46,000/- and a gold chain from him.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that no occurrence as alleged took place ever since rather the petitioner has falsely been implicated in this case by

Patna High Court CR. MISC. No.62384 of 2022(2) dt.23-02-2023 2/2 the informant as there is a matrimonial dispute bearing Complaint Case No. 1296 of 2022 between son of the informant and daughter of the petitioner. There is no any clinching evidence and independent witness on account to show the complicity of the petitioner in the alleged occurrence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 2.9.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently 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 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahua P.S. Case No. 363 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T