Patna High CourtCR. MISC./16407/2024bail granted

Badal Kumar v. The State Of Bihar

2024-05-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16407 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- BEERPUR District- Begusarai ====================================================== Badal Kumar Son Of Sharvan Paswan @ Shravan Paswan Resident Of Village - Bhawanandpur, Police Station - Birpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Birpur P.S. Case No. 192/2023 dated 24.10.2023 registered for the offences punishable u/ss 341, 323, 307, 353 and 333 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have surrounded the informant and the co-accused Dilkhush Kumar assaulted the informant with pistol, causing injury on his hand. Thereafter, the petitioner and the co-accused person assaulted the informant with lathi which hit below the left eye of the informant.

Patna High Court CR. MISC. No.16407 of 2024(2) dt.07-05-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the impugned order dated 24.01.2024, the nature of injury has not been mentioned. Learned counsel has submitted that the specific overt act is against the co-accused, Dilkhush Kumar. The petitioner is accused in one more criminal case as stated in Supplementary Affidavit. The petitioner is in custody since 24.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Birpur P.S. Case No. 192/2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T