Roushan Kumar @ Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18202 of 2024 Arising Out of PS. Case No.-194 Year-2022 Thana- KORHA District- Katihar ====================================================== Roushan Kumar @ Roshan Kumar Son of Rajendra Sah Resident of VillageMorsanda, P.S.- Falka, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instant application is renewed by the petitioner for regular bail which has been filed in connection with Korha P.S. Case No. 194 of 2022 instituted for the offence u/s 341, 323, 324, 307, 379, 504/34 of Indian Penal Code.

Earlier the application for regular bail of the petitioner was rejected twice by order dated 13.12.2022 passed in Cr. Misc. No. 46005 of 2022 and order dated 25.08.2023 passed in Cr. Misc. No. 42148 of 2023. The prosecution case as per F.I.R is that while

Patna High Court CR. MISC. No.18202 of 2024(2) dt.20-03-2024 2/3 the informant was at his home, petitioner came to his courtyard in drunken state and started abusing him and his wife. When the informant raised protest, petitioner called other co-accused persons by phone. All the accused persons including, variously armed came to the house of informant and started assaulting and when other family members of the informant came to his rescue, they were also assaulted by the accused persons. Petitioner assaulted the informant by means of sword due to which he sustained head injuries. It is further submitted that accused Rajendra Sah dragged the wife of the informant on the ground and accused Radha Devi and Rauli Devi took out the ornaments from the possession of the wife of the informant.

Learned counsel for the petitioner submits that as per allegation, petitioner assaulted the informant due to which he sustained head injuries. But doctor has opined the injury sustained by him as simple in nature although dangerous to life. There is case and counter

Patna High Court CR. MISC. No.18202 of 2024(2) dt.20-03-2024 3/3 case between the parties. Moreover, petitioner is languishing in judicial custody since 22.11.2023. In Contra, learned A.P.P. vehemently opposed the prayer of bail of the petitioner.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Korha P.S. Case No. 194 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar.

(Sunil Kumar Panwar, J) Nirajkrs/- U T