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Patna High CourtCR. MISC./64220/2022allowed

Vikash Kumar v. The State Of Bihar

2023-02-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64220 of 2022 Arising Out of PS. Case No.-201 Year-2021 Thana- KOTWA District- East Champaran ====================================================== Vikash Kumar Son Of Satahu Mahto R/O Village And P.O.- Kotwa, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 341, 307, 380, 354, 504 and 506 of the Indian Penal Code.

The accusation against the accused persons including the petitioner is to assault the husband of the informant by means of iron rod due to which he sustained injury. They also snatched ornaments, cash and household articles from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a land dispute going on between the parties much earlier of this case due to which the petitioner has falsely been made accused

Patna High Court CR. MISC. No.64220 of 2022(2) dt.21-02-2023 2/2 in the present case. The husband of the informant has sustained only one injury which is small abrasion on the scalp. Petitioner has got no criminal antecedent. Moreover, the co-accused Satahu Mahto has been granted bail by a coordinate Bench of this Court vide order dated 07.06.2022 passed in Cr. Misc. No. 9094 of 2022 and the same is annexed as Annexure-3. It is further submitted that the petitioner is languishing in judicial custody since 08.09.2022.

Learned APP appearing for the state has 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 Kotwa P.S. Case No. 201 of 2021 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., Motihari, East Champaran.

(Sunil Kumar Panwar, J) Aman/Manish U T