Patna High CourtCR. MISC./8626/2023bail granted

Sanjay Kumar v. The State Of Bihar

2023-05-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8626 of 2023 Arising Out of PS. Case No.-392 Year-2022 Thana- PAKARIBARAW District- Nawada ====================================================== Sanjay Kumar, Son of Surendra Prasad @ Suresh Prasad, Resident of village - Badhauna, P.S.- Pakribarawan, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vitesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Pakribarawa P.S. Case no.392 of 2022, registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, while the husband of the informant was returning, the seven named accused persons including the petitioner herein variously armed with lathidanda etc. are said to have assaulted the informant's husband, who subsequently died on way to the hospital. The accused persons were seen running away.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. Even from the

Patna High Court CR. MISC. No.8626 of 2023(2) dt.03-05-2023 2/2 F.I.R. there is no eye witness to the actual alleged assault. The petitioner is in custody since 24.8.2022 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner being general and omnibus in nature, the petitioner having remained in custody for more than 8 months since 24.8.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Pakribarawa P.S. Case no.392 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, District-Nawada.

(Partha Sarthy, J) Shiv/- U T