Subodh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73610 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Subodh Das son of Late Rameshwar Das Resident of Village -Muzaffarpur Malahi PS -Bhagwanpur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 156 of 2024 instituted for the offence under Sections 323, 341, 307, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that petitioner has assaulted upon the head of the informant by means of iron rod, due to which he sustained injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-06-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.73610 of 2024(3) dt.17-12-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is alleged that petitioner has assaulted upon the head of the informant and though, the injury is found to be grievous in nature. It is submitted that there is case and counter case between the parties and mother of the petitioner has also sustained injury in the occurrence. Parties are co-villagers and close door neighbours. It is submitted that there is no repetition of blow in the alleged occurrence, hence, Section 307 of the IPC is not made out against the petitioner. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that injury is found to be grievous in nature. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner, charge sheet being submitted and there being case and counter case between the parties, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.73610 of 2024(3) dt.17-12-2024 3/3 Court below/concerned Court in connection with Bhagwanpur P.S. Case No. 156 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T