Tuntun Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69742 of 2022 Arising Out of PS. Case No.-183 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== TUNTUN BIND Son of Vishun Dhari Bind @ Bishundhari Bind R/vMalahchak, P.S.- Parasbigha, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Ranjan For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, while the son of informant was returning home after taking prasad at the Devisthan, in the meantime, FIR named accused persons including the petitioner surrounded him with various arms like iron rod, lahti danda and started assaulting him due to which he sustained injuries. When the informant's father came to rescue him, he was also assaulted by the accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.69742 of 2022(2) dt.28-02-2023 2/2 falsely been implicated in this case due to dirty village politics. It is further submitted that the alleged date of occurrence is on 4.11.2021 but the present FIR has been lodged on 12.11.2021 after delay of eight days without explaining the reason of delay. There is no specific overt-act of assaulting is against the petitioner rather general and omnibus allegation leveled against him. It is further submitted that the petitioner is languishing in judicial custody since 1.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parasbigha P.S. Case No. 183 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Jehanabad.

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