Brajesh Kumar @ Brajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20431 of 2023 Arising Out of PS. Case No.-324 Year-2021 Thana- SONEPUR District- Saran ====================================================== 1.

Brajesh Kumar @ Brajesh Paswan Son Of Late Ramswarath Ram R/O Village- Pahari Chak Sonpur, P.S.- Sonpur, District- Saran (CHAPRA) 2.

Ratnesh Kumar Son Of Brajesh Kumar @ Brajesh Paswan R/O VillagePahari Chak Sonpur, P.S.- Sonpur, District- Saran (CHAPRA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 325, 307, 379 of the IPC and Section 27 of the Arms Act.

The allegation against the petitioners along with co-accused persons is that they assaulted the informant along with his family members with intention to kill them. It is further alleged that accused persons also looted and damaged household articles of the informant.

Patna High Court CR. MISC. No.20431 of 2023(3) dt.04-05-2023 2/3 Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to previous enmity. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. It is submitted that there is no consistent evidence found against the petitioners. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vider order dated 18.07.2022 passed in Cr. Misc No. 57141 of 2021. It is further submitted that the petitioners are languishing in judicial custody since 23.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sonepur P.S. Case No. 324 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.20431 of 2023(3) dt.04-05-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra.

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