Patna High CourtCR. MISC./72508/2023allowed

Sukesh Upadhyay @ Sukesh Mishra v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72508 of 2023 Arising Out of PS. Case No.-67 Year-2020 Thana- KOPA District- Saran ====================================================== SUKESH UPADHYAY @ SUKESH MISHRA Son of Raghunath Upadhyay @ Raghunath Mishra R/o vill - Choukhra, P.S. - Kopa, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 341, 323, 307, 504/506, and 34 of the Indian Penal Code.

3. As per FIR, it is a case of assault by the petitioner along with others due to which, the informant 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. He submitted that there is no eye-witness of the alleged occurrence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is

Patna High Court CR. MISC. No.72508 of 2023(2) dt.28-11-2023 2/2 languishing in judicial custody since 06.08.2023.

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, Saran at Chapra in connection with Kopa P.S. Case No. 67 of 2020.

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