An accused is entitled to bail even in a case of attempt to murder if there is a counter version of the occurrence and the accused has been in custody for a considerable period of time.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23042 of 2022

Arising Out of PS. Case No.-97 Year-2020 Thana- KHODAWANDPUR District- Begusarai

======================================================

Jay Ram Das @ Jai Ram Das S/O Late Dhanpat Das R/O Village- Bajitpur,

P.S.- Khodawandpur (Chhaurahi O.P.), District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Sarbottam Kumar Sarkar

For the Opposite Party/s :

Mr.Rajeev Nayan

======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

4

04-01-2023

Heard learned counsel for the petitioner,

informant and learned A.P.P appearing on behalf of the

State.

The petitioner is languishing in custody in a

case registered for the offences punishable under

Sections 147, 148, 149, 323, 324, 307, 379 of the

Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that all the

F.I.R named accused persons including the petitioner

assaulted the informant and other family members with

lathi, danda, farsa, iron rod. It is specifically alleged

against this petitioner that he assaulted with farsa on the

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head of the wife of the informant, as a result of which

she sustained head injuries and subsequently died during

the course of treatment.

It is submitted by learned counsel for the

petitioner that petitioner is innocent and he has falsely

been implicated in this case. There is land dispute

between the parties. There is counter version of the

occurrence and the case lodged by the petitioner’s side is

at earlier point of time. Three persons of the petitioner’s

side sustained sustained gunshot injuries. The

postmortem report does not corroborate the prosecution

version. The petitioner is languishing in custody since

02.12.2021.

Learned counsel appearing on behalf of the

informant and learned A.P.P appearing on behalf of the

State have vehemently opposed the prayer for bail of

the petitioner and submitted that there is specific

allegation that petitioner assaulted with farsa on the

head of the wife of the informant who subsequently died

Patna High Court CR. MISC. No.23042 of 2022(4) dt.04-01-2023

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during course of treatment.

Considering the fact that there is counter

version of the occurrence also and petitioner’s side also

sustained gunshot injuries and the period under custody,

let the petitioner, above named, be released on bail on

furnishing bail bonds of Rs. 10,000/-(Ten Thousand)

with two sureties of the like amount each to the

satisfaction of learned Sub-Divisional Judicial Magistrate,

Manjhaul, Begusarai in connection with Khodawandpur

(Chhaurahi O.P.) P.S. Case No. 97 of 2020.

Shageer/-

(Sunil Kumar Panwar, J)

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