Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14110 of 2024 Arising Out of PS. Case No.-326 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== Prince Kumar Son of Hiralal Mandal Resident of Village- Belaganj, P.S.- Barhara Kothi O.P., Raghubansh Nagar, Dist.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jitendra Kumar Pandey, Advocate For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barhara Kothi (Raghubansh Nagar) P.S. Case No. 326 of 2023 instituted for the offence under Sections 302 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that son of the informant was assaulted by accused persons, including the petitioner by means of iron rod, fist and slap whereafter he succumbed to injuries.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-09-2023. Petitioner is stated to be a man of clean antecedent.

Patna High Court CR. MISC. No.14110 of 2024(2) dt.07-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner referring to the FIR, submits that there is no specific allegation attributed to the petitioner. Specific allegation of assault by means of iron rod is against Hari Kumar Ram @ Hariya. There is general and omnibus allegation against the petitioner. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Barhara Kothi (Raghubansh Nagar) P.S. Case No. 326 of 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T