Patna High Court - Orders
Keshaw Singh @ Keshaw Kumar @Keshw Singh ... vs The State Of Bihar on 6 October, 2023
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63081 of 2023
Arising Out of PS. Case No.-183 Year-2023 Thana- SUGAULI District- East Champaran
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Keshaw Singh @ Keshaw Kumar @ Keshw Singh @ Keshw Kumar son of
Shyam Nandan Singh @ Chuni Singh Village- Fulwariya PS- Sugauli Dist-
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
2 06-10-2023Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sugauli PS Case No 183 of 2023 dated 15.05.2023 registered for the offence punishable under Sections 341, 323, 324, 325, 379, and 504/34 of the Indian Penal Code.
3. As per the prosecution case, the FIR named accused persons including the petitioner assaulted and abused the informant. On being objected, the co-accused Shyam Nandan Singh exhorted to kill, the petitioner inflicted blow of farsa on the head of the informant's father causing cut injury. When the son of the informant came to rescue, he was also threatened by the petitioner to kill him after taking out of his pistol and took Patna High Court CR. MISC. No.63081 of 2023(2) dt.06-10-2023 2/3 away Rs.2000/- from his pocket and a golden chain worth Rs. 60,000/- from his neck.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is in custody since 19.05.2023. As a matter of fact, when the scuffle took place between the parties over the land dispute, the petitioner was not present there. Moreover, from the injury as mentioned in the impugned order, it would be manifest that there is no repetition of blow on the vital part of the body of the informant's father at the hands of the petitioner. The informant's father did not sustain injury caused by farsa (sharped edge weapon). He sustained fracture injury on his hand.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts, circumstances of the case and the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Champaran at Motihari in Sugauli PS Patna High Court CR. MISC. No.63081 of 2023(2) dt.06-10-2023 3/3 Case No 183 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) rohit/-
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