Paran Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9412 of 2024 Arising Out of PS. Case No.-98 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== Paran Das s/o Mahendra Das Resident of Village Brahampur Paschami Tola Pinad, P.s.- Kamtaul, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Gangesh Gunjan For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 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 sections 147, 149, 341, 323, 448, 324 of the Indian Penal Code and later on added section 302 of the IPC.

3. As per prosecution case, in the background of old land dispute between the parties, the petitioner along with other co-accused persons came at his house and started assaulted. In the alleged occurrence, the informant as well as his mother sustained injuries and during course of treatment, informant's mother succumbed to injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.9412 of 2024(2) dt.20-02-2024 2/2 falsely been implicated in this case. From perusal FIR, it is evident that the specific allegation of assaulting to the mother of the informant by means of farsa is against co-accused Ashok Das. The petitioner is said to have been assaulted upon the head of the informant whose injury report is annexed with the petition which shows the nature of injury is simple. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 18.5.2023.

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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kamtaul P.S. Case No. 98 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-XI, Darbhanga.

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