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Patna High CourtCR. MISC./73192/2022allowed

Hameed Raja v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73192 of 2022 Arising Out of PS. Case No.-198 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== HAMEED RAJA S/O MD. SAZID @ MD. SAJID ANSARI Resident of village- Laxmi Narayanpur, P.S.- Lalganj, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Kumari For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== 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, 307, 379, 504, 506/34 of the Indian Penal Code. As per prosecution case, when the informant came his house after closing his shop and saw that the accused persons including the petitioner were assaulting his brother. When the informant tried to save his brother, the accused persons assaulted both of them due to which they sustained injuries. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both the parties belong to same family and a dispute in respect of land is going on between them due to which this petitioner has falsely

Patna High Court CR. MISC. No.73192 of 2022(2) dt.20-03-2023 2/2 been implicated in this case. The allegation has been made against this petitioner of assaulting by means of iron daab but there is no repeated blow inflicted by him. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 18.9.2022. 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 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 Lalganj P.S. Case No. 198 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court of Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U