Patna High CourtCR. MISC./70471/2023allowed

Kuwar Prasad v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70471 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- THAWE District- Gopalganj ====================================================== Kuwar Prasad S/O- Late Kanhaiya Prshad R/O- Bedesi Tola, P.S- Thawe, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Jharkhandi Upadhyay For the Informant :

Mr. Devashish Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 323, 325, 341, 447, 504, 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused person is that they assaulted the informant's father due to which he sustained injury.

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 inimical term between the parties. Only interested witness has supported the prosecution case. Similarly situated other co-accused persons

Patna High Court CR. MISC. No.70471 of 2023(2) dt.06-11-2023 2/2 have already been granted bail by another co-ordinate Bench of this Court vide order dated 19.10.2023 in Cr. Misc. No. 66532 of 2023. Moreover, the petitioner is languishing in judicial custody since 21.07.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6.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 Thawe P.S. Case No. 205 of 2023 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., Gopalganj.

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