Patna High CourtCR. MISC./72630/2022allowed

Devendra Kumar Pathak v. The State Of Bihar

2023-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72630 of 2022 Arising Out of PS. Case No.-117 Year-2020 Thana- BAGENGOLA District- Buxar ====================================================== Devendra Kumar Pathak Son of Late Rameshwar Pathak Resident of village - Baradhi, P.S.- Bagengola, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 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, 504, 448, 379, 354, 307, 34 of the Indian Penal Code. As per prosecution case, informant alleged that while he was going in the village petitioner along with co-accused persons assaulted on his chest and head by means of bhala and farsa due to which he sustained injuries. It is further alleged that earlier a scuffle took place between both the parties. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a land dispute between both parties due to which, he has falsely been implicated in this case. As per supplementary report which

Patna High Court CR. MISC. No.72630 of 2022(2) dt.20-03-2023 2/2 is annexed as Annexure-2, in which the injuries sustained by the injured are simple in nature. The petitioner has got no criminal antecedent moreover he is languishing in judicial custody since 17.10.2022.

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 as well as the custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bagengola P.S. Case No. 117 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar.

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