Pawan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88106 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Pawan Das Son of Late Jagarnath Das Resident of Village - Barhi, P.S.- Keoti, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Pallavi, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP For the Informant :

Mr.Rajesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-04-2025 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 323, 324, 307, 354 and 448/34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner assaulted with 'farsa' on the head of the informant due to which he sustained head injury on his head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the petitioner and the informant are full brother and there is case and counter case between the parties. From perusal of the injury

Patna High Court CR. MISC. No.88106 of 2024(3) dt.08-04-2025 2/2 report, it transpires that the informant has received the injury over his head which are grievous in nature but the weapons used is hard and blunt substance but the allegation is that the petitioner has assaulted with 'farsa' which is sharp cutting weapons and as such, the injury report and allegation does not co-relate. Further submission is that occurrence took place on 16.06.2023 whereas the FIR has been lodged 21.06.2023. There is delay of five days in lodging the FIR. Moreover, the petitioner is languishing in judicial custody since 14.10.2024.

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

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Keoti P.S. Case No. 167 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, Darbhanga/concerned Court. (Ashok Kumar Pandey, J) Jagdish/- U T