Patna High CourtCR. MISC./72823/2023bail granted

Ganauri Singh v. The State Of Bihar

2023-11-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72823 of 2023 Arising Out of PS. Case No.-588 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Ganauri Singh S/O Late Mishri Singh R/O Village- Korachakka, P.S- Bihpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish, Advocate For the State :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 574 of 2023 arising out of Bihpur P.S. Case No. 588 of 2022 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and his son are said to have assaulted the deceased with a sharp edged weapon.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on a trivial dispute by the informant side. There is land dispute between the parties. The petitioner is aged about 75 years. The postmortem report shows that the deceased has

Patna High Court CR. MISC. No.72823 of 2023(2) dt.09-11-2023 2/2 sustained injuries caused by hard and blunt substance and therefore, the prosecution case becomes doubtful. The petitioner is in jail since 24.01.2023.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 2nd, Naugachia in connection with Sessions Trial No. 574 of 2023 arising out of Bihpur P.S. Case No. 588 of 2022.

(Sandeep Kumar, J) P. Kumar U T