Patna High CourtCR. MISC./18844/2024bail granted

Santu Kumar v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18844 of 2024 Arising Out of PS. Case No.-196 Year-2023 Thana- GURARU District- Gaya ====================================================== Santu Kumar S/o- Ashok Singh @ Sukun Singh Village- Diha Ps- Guraru Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat, 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 Guraru P.S. case No. 196 of 2023 instituted for the offences under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution allegation, in short, is that the accused persons, variously armed, assaulted the nephew of the informant and one another due to which they sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific allegation is alleged against

Patna High Court CR. MISC. No.18844 of 2024(2) dt.15-03-2024 2/2 the petitioner. As per the allegation, the petitioner is said to have assaulted Pankaj Kumar but the injury report of Pankaj Kumar is simple in nature. Hence no offence under Section 307 I.P.C. is made out. The petitioner is in custody since 23.11.2023 and has one 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, nature of injury being simple in nature and 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 Guraru P.S. case No. 196 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T