Patna High CourtCR. MISC./3256/2023bail granted

Bikash Kumar v. The State Of Bihar

2023-04-26Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3256 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== 1.

BIKASH KUMAR, Male, aged about 18 years, son of kameshwar singh 2.

KAMESHWAR SINGH, Male, aged about 64 years, son of Sukkal Singh Both are R/O Village- Gawas, Bindtoli, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Bhushan, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023 1.Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Beldaur P.S. Case No. 205 of 2022 dated 01.10.2022 registered for the offence(s) punishable under Section(s) 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioners are that the petitioners have been languishing in jail since 01.10.2022, among the alleged offences of the FIR, the offences under Sections 307 and 379 of Indian Penal Code are only non-bailable but the said offences are not made out against the petitioners in this case as the injuries found

Patna High Court CR. MISC. No.3256 of 2023(2) dt.26-04-2023 2/2 on the person of so-called injured persons detailed in the FIR, have been opined to be simple in nature and as per medical expert's opinion the said injuries were caused by hard and blunt onject and in this regard, specific statement has been made in paragraph no.7 of petition and the petitioners' investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that injured persons sustained simple injuries and as per order impugned, the investigation has been completed against the petitioners who have been languishing in jail since 01.10.2022, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let the petitioners be released after framing of charge, if the same has not been framed, on bail in connection with Beldaur P.S. Case No. 205 of 2022 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T