Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71920 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Krishna Singh Son Of Dwarika Singh Resident Of Village- Samardah, PsBihiya, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 341, 307, 324 and 504/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting the informant and his family members, due to which they sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. The petitioner along with

Patna High Court CR. MISC. No.71920 of 2023(2) dt.07-11-2023 2/3 other accused persons and the informant are co-villager and agnates to each other. He submitted that the allegation against the petitioner is of assaulting by means of Gadasa to the informant, due to which he sustained injury on his hand, which is not a vital part. He further submitted that as per FIR the as alleged occurrence was taken place on 18.05.2023 at about 09:00AM in the morning and informant was given their fardbeyan before Ara Nagar police on 24.05.2023 and the copy of FIR was sent to the learned Court on 08.06.2023 after delay of about 14 days without any explanation given by the prosecution which also shows some malafide intention of the prosecution. He is languishing in judicial custody since 14.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-

Patna High Court CR. MISC. No.71920 of 2023(2) dt.07-11-2023 3/3 IV, Bhojpur at Ara in connection with Bihiya P.S. Case No. 131 of 2023.

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