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Patna High CourtCR. MISC./2348/2023allowed

Manjesh Kumar v. The State Of Bihar

2023-04-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2348 of 2023 Arising Out of PS. Case No.-83 Year-2022 Thana- DANDARI District- Begusarai ====================================================== Manjesh Kumar (M), aged about 18 years, Son of Vijendra Yadav @ Virendra Yadav, resident of village - Dandari P.S- Dandari District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Sahay, Advocate Mr. Arvind Kumar, Advocate For the State :

Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Dandari P.S. Case No. 83 of 2022 registered for the offences punishable under Sections 392 and 394 of the Indian Penal Code. The allegation against the petitioner is that he fired upon the informant which hit below the elbow of the left hand of the informant during the course of the snatching of golden locket by the other co-accused.

Learned counsel for the petitioner submits that the petitioner is co-villager of the informant and has committed no offence as alleged. He is in custody since 05.09.2022. Chargesheet has already been filed. Learned counsel further submits

Patna High Court CR. MISC. No.2348 of 2023(2) dt.29-04-2023 2/2 that the allegation of assaulting the informant by fire arm is not corroborated by the injury report as the same indicates that it is simple in nature caused by hard blunt substance. Learned counsel further submits that the petitioner has no criminal antecedent.

Learned APP conceded the fact that the nature of injury on the informant is simple in nature caused by hard and blunt substance.

Considering the aforesaid facts and circumstances and nature of the injury, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Dandari P. S. Case No. 83 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U T