← Library
Patna High CourtCR. MISC./8076/2024allowed

Rajesh Kumar v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8076 of 2024 Arising Out of PS. Case No.-648 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

RAJESH KUMAR Son of Narayan Ray @ Ram Narayan Singh Resident of Village-Kolhrampur, P.S.-Barhara, District-Bhojpur. 2.

VISHAL KUMAR Son of Ram Subhag Ray Resident of Village-Kolhrampur, P.S.-Barhara, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navin Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 307, 504, 506, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioners and co-accused persons is that they due to previous dispute came at the house of the informant and started assaulting him due to which he sustained head injuries. It is further alleged that co-accused persons also assaulted other persons

Patna High Court CR. MISC. No.8076 of 2024(2) dt.20-02-2024 2/3 when they came to save him.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case due to dirty village politics. There is case and counter case between the parties, both parties have sustained injuries as alleged in separate occurrence. As per Annexure-5, good sense has also been prevailed between the parties. The opinion in respect of the injury is reserved. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 14.11.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Barhara P.S. Case No. 648 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.8076 of 2024(2) dt.20-02-2024 3/3 satisfaction of learned ADJ-VIII, Bhojpur at Ara. (Sunil Kumar Panwar, J) manishkumar/- U T