Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7343 of 2020 Arising Out of PS. Case No.-238 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== PRABHAT KUMAR S/o Harekrishn Yadav R/o village- Narhiya, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr.Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Laukahi P.S. Case No. 238 of 2019 corresponding to G.R. No. 1918 of 2019 registered under sections 143, 341, 342, 323, 307, 427, 448, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, It is stated by the informant that on hearing some sound, he woke up and came out of the house. Thereafter the informant saw 12-15 persons including the petitioner variously armed. It is stated that on the orders of Sushil Yadav, the accused persons started to assault the informant and others. It is further stated that the petitioner fired from his gun hitting the informant's father. The accused persons

Patna High Court CR. MISC. No.7343 of 2020(6) dt.03-07-2020 2/3 went away giving threats.

The case diary had been called for in the case and subsequently the injury report of Jaishree Yadav was also called for, which have been received.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false. There is case and counter case between the parties and the instant case is a counter blast to the Laukhai P.S. Case No. 240 of 2019. It is further submitted that from perusal of the injury report of Jaishree Yadav it would transpire that all the injuries are simple in nature caused on non-vital part of the body and the weapon by which the same was caused has also not been given. The petitioner has no criminal antecedent and he is in custody since 21.11.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Laukahi P.S. Case No. 238 of 2019 corresponding to G.R. No. 1918 of 2019 on furnishing bail bond

Patna High Court CR. MISC. No.7343 of 2020(6) dt.03-07-2020 3/3 of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jhanjharpur.

(Partha Sarthy, J) sushma/- U