Patna High CourtCR. MISC./10346/2024bail granted

Parmanand Kumar v. The State Of Bihar

2024-02-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10346 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Parmanand Kumar S/O Late Rajo Yadav R/O Village- Sonbigha, P.STankuppa, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tankuppa P.S. Case No. 221 of 2023 instituted for the offences under Sections 341, 323, 504, 307, 379, 427, 506 of the Indian Penal Code.

3. As per prosecution case, the allegation against the the accused persons including the petitioner is of assaulting the Informant by means of iron rod. There is a specific allegation against the accused Lalu Kumar and Parmanand Kumar (petitioner) of assaulting on the head of the Informant by means of iron rod due to which he sustained grievous injury on his head.

Patna High Court CR. MISC. No.10346 of 2024(2) dt.21-02-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is a case and counter case between the parties. He further submits that from the injury report, it appears that the injury is simple in nature. The petitioner was not caught on the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents but, in both of them, he is on bail. The petitioner is languishing in judicial custody since 29.11.2023.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Tankuppa P.S. Case No. 221 of 2023.

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