Amlesh Baitha @ Bhuila Baitha @ Bhuil Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.545 of 2024 Arising Out of PS. Case No.-75 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

Amlesh Baitha @ Bhuila Baitha @ Bhuil Baitha S/O Pulik Baitha R/O Village- Bashauli, P.S- Bochahan, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 342, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is that they assaulted the informant and co-accused Ashok Baitha took Rs. 3,000/- from the possession of informant. Allegation against the petitioner is that he assaulted the informant by means of iron rod

Patna High Court CR. MISC. No.545 of 2024(2) dt.16-01-2024 2/3 due to which he sustained head injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are neighbour and scuffle took between them due to land dispute. Moreover, the petitioner is languishing in judicial custody since 09.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Having heard learned counsel for the parties and taking into consideration 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 in connection with Bochahan P.S. Case No. 75 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.545 of 2024(2) dt.16-01-2024 3/3 to the satisfaction of the learned Judicial Magistrate 1st Class, Cout No. IV, Muzaffarpur (East).

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