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Patna High CourtCR. MISC./64010/2022allowed

Subodh Singh @ Subodh Kumar Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64010 of 2022 Arising Out of PS. Case No.-390 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== SUBODH SINGH @ SUBODH KUMAR SINGH Son of Late Lalbabu Singh Resident of Village - Chakballi, P.S.- Barauni (Refinery O.P.), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Informant/s :

Mr. Amresh Kumar For the State :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner, leaned 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, 354, 307, 379, 504/34 of the Indian Penal Code. As per prosecution case, informant alleged that while his family members were going to their old house, the petitioner along with co-accused persons started dragging them. On protest, they assaulted by means of iron rod over the head of the informant and his family members due to which they sustained injury. It is further alleged that during course of assault, co-accused Heera Devi snatched gold chain from daughter-in-law of the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.64010 of 2022(2) dt.21-02-2023 2/2 petitioner is innocent and has committed no offence. Both parties are agnates and there is a land dispute with regard to rasta between them as a result of which the petitioner has falsely been implicated in the present case. It is further submitted that there is case and counter case between the parties, both parties sustained injuries as alleged in separate occurrence. Moreover, the petitioner is languishing in judicial custody since 06.08.2022.

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 Barauni P.S. Case No. 390 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 Chief Judicial Magistrate, Begusarai.

(Sunil Kumar Panwar, J) Aman/manishU T