Patna High CourtCR. MISC./67272/2023allowed

Pawan Kumar v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67272 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== PAWAN KUMAR Son of Sri Shyam Nandan Rai R/o vill - Dhoboghatti, P.S. - Sadar Hajipur,Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 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 section 147, 149, 341, 323, 354B, 447, 379, 307, 506, 504, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they armed with various weapons came at the house of the informant and started abusing and upon protest the petitioner assaulted the informant on his head by means of iron rod due to which he sustained injury.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.67272 of 2023(2) dt.31-10-2023 2/2 petitioner has submitted that petitioner is innocent and has committed no offence due to previous enmity. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. As per Para 10 of the prosecution, injury sustained by the injured is simple in nature. It is further submitted that the petitioner is languishing in judicial custody since 18.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar Hajipur P.S. Case No. 67 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 CJM, Vaishali at Hajipur.

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