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Patna High CourtCR. MISC./73314/2024allowed

Ashok Singh v. The State Of Bihar

2025-01-28Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73314 of 2024 Arising Out of PS. Case No.-447 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== Ashok Singh Son of Jagdish Singh @ Jagdish Prasad Singh Resident of Village- Habir Chak, Police Station - Dariyapur, District - Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-01-2025 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 sections 126(2), 115(2), 109, 353, 3(5) of B.N.S.

3. The case of the prosecution is that on the date of occurrence while the husband of the informant was irrigating his fields at that time, his agnates petitioner along with others arrived there and they were armed with danda and lathi. It is further alleged that this petitioner assaulted on the head of the informant with danda and the stick used in Kudaal due to which the husband of the informant fell down.

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

Patna High Court CR. MISC. No.73314 of 2024(4) dt.28-01-2025 2/2 falsely been implicated in this case due to land dispute. There is also a counter version of this case. It has also been submitted by the learned counsel for the petitioner that petitioner is neighbour and agnates there was free fight between the parties. Petitioner has also received injuries in the occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 07.08.2024.

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

6. 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 Dariyapur P.S. Case No. 447 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saran, Chapra. (Ashok Kumar Pandey, J) Shubham/- U T