Patna High CourtCR. MISC./9233/2024bail granted

Mahesh Thakur v. The State Of Bihar

2024-02-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9233 of 2024 Arising Out of PS. Case No.-358 Year-2023 Thana- PUNPUN District- Patna ====================================================== Mahesh Thakur, S/o Late Bhagwan Thakur @ Late Bhagwan Das Thakur, R/o Vill - Vaisha, P.S. - Punpun, Dist. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Punpun P.S. Case No. 358 of 2023, instituted for the offences punishable under Sections 341, 323, 342, 324, 504, 379, 307 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, when the father of informant was returning from field, at that time the accused persons including this petitioner abused him in drunken state and on objection both the accused persons snatched the golden chain and gave a knife blow on his neck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.9233 of 2024(2) dt.20-02-2024 2/2 present case. Learned counsel for the petitioner further submits that case and counter case has been filed from both the sides. The nature of injury is not mentioned in the injury report. The petitioner has no any criminal antecedent as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 08.11.2023 and chargesheet has already been submitted in the present case.

5. Learned APP 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 and taking into account the period of custody undergone by the petitioner, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Punpun P.S. Case No. 358 of 2023 (Rudra Prakash Mishra, J) Rajorshi/- U T