Sarjan Kumar Das @ Sajan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72521 of 2022 Arising Out of PS. Case No.-59 Year-2020 Thana- MAHESHKHUNT District- Khagaria ====================================================== SARJAN KUMAR DAS @ SAJAN KUMAR DAS S/o Late Upendra Das R/v- Mansi Tola Gauchhari, P.S.- Mahesh Khunt, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 325, 354(B), 379, 504, 506/34 of the Indian Penal Code and later on section 302 of the IPC was added.

As per allegation in the FIR, over a dispute regarding clearance of shop dues, petitioner started to assault the father of the informant by means of hard and blunt substance then informant's mother came there to rescue her husband. Accused Nibha Devi and petitioner assaulted her mother by a sharp cutting weapon as a result of which she received injuries over head and right eye and she died during treatment.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.72521 of 2022(3) dt.20-06-2023 2/2 that petitioner has been falsely implicated in this case. Both parties are agnates and in the said scuffle, members of both sides have received injuries. . There is case and counter case. Charge has already been framed and after framing of the charge, the prosecution has examined three prosecution witnesses including the informant and all the prosecution witnesses have been declared hostile by the prosecution. Petitioner has got no criminal antecedent and languishing in judicial custody since 1/6/2022.

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

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 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 District and Sessions Judge-VII, Khagaria in connection with Mahesh Khunt P.S. Case No. 59 of 2020.

(Sunil Kumar Panwar, J) sushma/- U