PATNA, India, July 2 -- Patna High Court issued the following order on June 2:
Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with Khisarsarai P.S. Case No. 157 of 2024, lodged on 15.05.2024, under Sections 341/323/337/354/447/504/34 of the Indian Penal Code. Later on offence under Section 302 of the Indian Penal Code was added.
3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner against whom there is allegation that they all have assaulted the informant by lathi, danda and bricks, due to which injury has been caused.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that from the bare reading of the FIR it becomes crystal clear that the dispute has arisen between the informant and the petitioner's family for encroachment of government land. Counsel submits that the petitioner is aged about 65 years. She is a female and in custody since 11.12.2024 having clean antecedent. Counsel submits that the case was subsequently converted into Section 302 of the Indian Penal Code but after two months of the lodging of the FIR.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Ms. Poonam Tiwari, Judicial Magistrate, 1st Class, Gaya, in connection with Khijarsarai P.S. Case No. 157 of 2024, subject to the conditions as laid down U/s 480(3) of the BNSS, 2023.
Disclaimer: Curated by HT Syndication.
