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Patna High CourtCR. MISC./64093/2023allowed

Gulshan Bishwas @ Gulshan Vishwas v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64093 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== Gulshan Bishwas @ Gulshan Vishwas Son Of Satyanarayan Bishwas @ Satyanarayan Kamat Resident Of Village - Gauripur, Ward No.1, Police Station - Singheshwar, District - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner is said to have assaulted upon head of the informant's son by means of iron rod due to which his son Aman Kumar sustained injury. Other accused persons also assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is

Patna High Court CR. MISC. No.64093 of 2023(4) dt.11-12-2023 2/2 also submitted that the good sense has been prevailed betweeen the parties and in support of this, Annexure-P(2) has been annexed with the petition. The petitioner has got no criminal antecedent and languishing in judicial custody since 8.12.2022.

5. In pursuance to the direction of this court, a report dt. 22.11.2023 with regard to present stage of trial has been received by which it appears that the case is pending for commitment in Sessions Court.

6. Learned APP appearing for the state has opposed the prayer of regular bail.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Singheshwar P.S. Case No. 167 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 CJM, Madhepura.

(Sunil Kumar Panwar, J) Amandeep/- U T