Patna High CourtCR. MISC./81068/2023allowed

Manish Kumar v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81068 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Manish Kumar S/O Suresh Prasad Village- Hardiya, P.O. Chamanpura, Ps. Baikunthpur, Dist. Gopalganj.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 354, 379/34 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner is that he assaulted upon head of the informant by means of farsa due to which he sustained injury. The alleged occurrence took place due to some dispute between them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both the parties are agnates and due to land dispute the petitioner has falsely been implicated in this case. It is also submitted that the alleged occurrence took place on 29.12.2022 but the FIR was

Patna High Court CR. MISC. No.81068 of 2023(2) dt.15-12-2023 2/2 lodged on 4.1.2023 after six days of occurrence without any explanation of delay. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 5.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 him on bail. The above named petitioner is directed to be released on bail in connection with Baikunthpur P.S. Case No. 3 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj.

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