Patna High CourtCR. MISC./76954/2023allowed

Lal Babu Sahani v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76954 of 2023 Arising Out of PS. Case No.-448 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== LAL BABU SAHANI S/O LATE RAMPUNIT SAHANI VILLAGE- RULHI MALAHI TOLA, PS. MUFFASIL, DIST.EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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, 379, 34 of the Indian Penal.

3. The allegation against the petitioner along with others is of assaulting the informant, due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. He submitted that both the parties are neighbours, and there is dispute regarding pathway. There is general and omnibus

Patna High Court CR. MISC. No.76954 of 2023(2) dt.04-12-2023 2/2 allegation against the petitioner and no specific overt act against him. The as alleged injury sustained to the informant by this petitioner is simple in nature, which is annexed as annexure-2 with this petition. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.08.2023.

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 C.J.M., Motihari at East Champaran in connection with Motihari Muffasil P.S. Case No. 448 of 2023.

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