Madan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68938 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Madan Das Son of Late Baleshwar Das, R/o Vill - Bidni Adama, (Biuni Andama) P.S. - Bahadurpur (Pataur O.P.), Distt. - Darbhanga. 2.

Sri Krishna Das @ Krishna Das @ Krishna Son of Late Bhagu Das, R/o Vill - Bidni Adama, (Biuni Andama) P.S. - Bahadurpur (Pataur O.P.), Distt. - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate.

For the State :

Mr. Anand Kishore Choudhary, APP.

For the Informant :

Mr. Saurav Anand, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners seek regular bail in connection with Bahadurpur (Pataur O.P.) P.S. Case No.91 of 2023, registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 354(B), 379, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, all the accused persons including the petitioners armed with iron rod, farsa, pistol came in the house of the informant and abused with filthy words. Specific allegation against petitioner no.2 is that he assaulted with farsa blow over the head of the informant causing injury over the head and petitioner no.1 assaulted with iron rod on his

Patna High Court CR. MISC. No.68938 of 2023(3) dt.02-02-2024 2/3 chest due to which the informant became unconscious and fell down on earth.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners have no criminal antecedent, petitioner no.1 is in custody since 19.07.2023 and petitioner no.2 is in custody since 22.07.2023. He also submits that there is land dispute between the parties and there is case and counter case between them. Learned counsel submits that both the parties are co-villager and the charge sheet has already been submitted in this case. He further submits that the alleged injury on the injured caused by the petitioners are simple in nature.

5. Learned APP for the State assisted by learned counsel for the informant have opposed the prayer for regular bail of the petitioners.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga in connection

Patna High Court CR. MISC. No.68938 of 2023(3) dt.02-02-2024 3/3 with Bahadurpur (Pataur O.P.) P.S. Case No.91 of 2023. (Sunil Dutta Mishra, J) Ritik/- U T