Aniket Kumar Jaiswal @ Anikesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64198 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== Aniket Kumar Jaiswal @ Anikesh Son Of Rajendra Bhagat Resident Of Village - Gauripur Parsa, P.S. - Barhara Kothi, District - Purnea ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Dhamdaha P.S. Case no.167 of 2023 registered under sections 307, 147, 148, 149, 341, 323, 427, 386, 504 and 506 and of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that there is Title Suit no. 50 of 1994 pending between the informant and the accused persons. Informant is in possession of the land. It is stated that all the FIR named accused persons including the petitioner and 25-30 others came to the disputed land, assaulted, fired in the air and forcibly encircled the said land by making temporary constructions.

4.It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and

Patna High Court CR. MISC. No.64198 of 2023(2) dt.11-10-2023 2/2 concocted. The petitioner has been falsely implicated in this case because of the land dispute which would be evident from the FIR itself. This case has been filed to create an evidence for the pending title suit between the parties. The petitioner has five criminal antecedents, is in custody since 2.8.2023 and undertakes to cooperate in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner having remained in custody since 2.8.2023, the Court directs the petitioner to be enlarged on bail in connection with Dhamdaha P.S. Case no. 167 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea.

(Partha Sarthy, J) ajay/- U T