Patna High CourtCR. MISC./10189/2024bail granted

Chandan Kumar @ Chandan Kumar Gupta v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10189 of 2024 Arising Out of PS. Case No.-934 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Chandan Kumar @ Chandan Kumar Gupta Son of Binod Kumar @ Raju R/o Khalilpura, Phulwari Sharif, P.S. - Phulwari Sharif, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Dilbar Krishna, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Phulwari Sharif P.S. case No. 934 of 2023 instituted for the offences under Sections 341, 323, 307 and 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons including the petitioner assaulted the son of informant with bricks due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. General and omnibus allegation has been made against the petitioner. There is no specific overt alleged against the petitioner. The Court

Patna High Court CR. MISC. No.10189 of 2024(2) dt.23-02-2024 2/2 below also recorded in the order that the injury is grievous is caused by bricks. The petitioner is in custody since 04.07.2023 and has no criminal antecedent

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner, clean antecedent of the petitioner and nature of allegation, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Phulwari Sharif P.S. case No. 934 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T