Jitlal Das @ Jivlal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72055 of 2023 Arising Out of PS. Case No.-5 Year-2019 Thana- KHAJAULI District- Madhubani ====================================================== Jitlal Das @ Jivlal Das S/O Late Shivan Das R/O Village-Bhakua, P.S.- KHAJAULI, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Thakur For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 447, 504, 506, 354-B of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner armed with deadly weapon surrounded the informant's side and started assaulting. It is alleged against the petitioner that he assaulted with Gupti (a sharp cutting weapon), as a result of which the informant sustained

Patna High Court CR. MISC. No.72055 of 2023(2) dt.08-11-2023 2/3 injury on left hand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is a land dispute between the parties. For the alleged occurrence of 31.12.2018, F.I.R was registered on 08.01.2019 without explaining the delay. The medical report also does not corroborate the prosecution case as alleged against the petitioner. The petitioner is languishing in custody since 17.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.72055 of 2023(2) dt.08-11-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani in connection with Khajauli P.S. Case No. 05 of 2019(G.R. No. 64/2019).

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