Bhanwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18970 of 2024 Arising Out of PS. Case No.-332 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== Bhanwar Kumar Son of Late Chanar Sah @ Ramchandra Sah Resident of Village- Mathiya, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rashmi Jha, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chhatauni P.S. case No. 332 of 2021 instituted for the offences under Sections 302/34 of the Indian Penal Code.
3. Prosecution case, in short, is that this petitioner, on a petty dispute, assaulted the devar of the informant with fists and slaps due to which he sustained injuries and died.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner has no concern with the alleged occurrence. Learned counsel further submitted that the cause of the death is haemorrhage, shock and cardio
Patna High Court CR. MISC. No.18970 of 2024(2) dt.15-03-2024 2/2 respiratory failure as per the impugned order. It is further submitted by the learned counsel that, from the FIR itself, it appears that no any weapon was used in the occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.11.2022 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. 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 Chhatauni P.S. case No. 332 of 2021.
(Rudra Prakash Mishra, J) Alok Verma/- U T