Patna High CourtCR. MISC./86554/2023allowed

Bhushan Singh v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86554 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- NALANDA District- Nalanda ====================================================== Bhushan Singh Son of Late Bulli Singh Resident of Village- Sakraudha, P.S. Nalanda, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 section 341, 323, 324, 325, 504, 506, 34, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that due to previous dispute, they assaulted two brothers of the informant by means of sword due to which his brother sustained cut injuries on his hand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics and previous dispute.

Patna High Court CR. MISC. No.86554 of 2023(2) dt.12-01-2024 2/2 There is inordinate delay of 14 days in lodging the FIR, without given any cogent reason. There is no specific allegation that who assaulted brothers of the informant. As per Annexure-2, doctor has not given any opinion regarding injuries sustained by the injured. It is further submitted that the petitioner is languishing in judicial custody since 15.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nalanda P.S. Case No. 135 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 Chief Judicial Magistrate, Nalanda at Bihar Sharif. (Sunil Kumar Panwar, J) Manishkr/- U T