Abhijit Kumar @ Abhijeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 14890 of 2023 Arising Out of PS. Case No.-120 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== ABHIJIT KUMAR @ ABHIJEET KUMAR Son of Arun Rai R/v- Rahsa Pachhiyari, P.S.- Bhagwanpur, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 354(B), 307, 379, 504 and 34 of the Indian Penal Code. The allegation against the petitioner along with others is of brutally assaulting the informant and his family members with an intention to kill. It is further alleged that other coaccused snatched a gold chain and a gold Mangal Sutra from the neck the informant's mother and other articles. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. It is a case and counter case. Members of both parties have sustained injuries in the alleged incident.
Patna High Court CR. MISC. No. 14890 of 2023(2) dt.28-04-2023 2/2 Charge sheet has not been submitted under Section 307 but after finding the prima facie case true, cognizance has been taken under Section 308. He is languishing in judicial custody since 22.12.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 120 of 2019. (Sunil Kumar Panwar, J) arish/- U T