Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5009 of 2024 Arising Out of PS. Case No.-402 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Satyendra Kumar Son Of Nageshwar Prasad Resident Of Village - Dakhingaon, P.S. - Wazirganj, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S. Tr. no. 1069 of 2023 arising out of Wajirganj P.S. Case no. 402 of 2023 registered under sections 307, 323, 427, 447, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that ever since coming out of custody in a case involving the murder of her husband, the petitioner has regularly been coming to her shop and creating nuisance. On the date of occurrence, it is stated that he came there, started to throw various articles and with an iron rod assaulted her son and herself as a result of which she sustained injuries on the head.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of

Patna High Court CR. MISC. No.5009 of 2024(2) dt.07-02-2024 2/2 pending dispute between the parties which is evident from the contents of the F.I.R itself. The injury report does not fully support the prosecution case insofar as a single lacerated wound has been found, though on the head of the informant. The petitioner is in custody since 4.7.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the submissions made by learned counsel for the petitioner, the nature of allegation as levelled against the petitioner in the F.I.R, the petitioner being in custody for 7 months since 4.7.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with S. Tr. no. 1069 of 2023 arising out of Wajirganj P.S. Case no. 402 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial Court, Additional Sessions Judge-V, Gaya.

(Partha Sarthy, J) Harsh/- U T