Abhishek Kumar @ Makhan @ Makhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20863 of 2023 Arising Out of PS. Case No.-9 Year-2022 Thana- THARTHARI District- Nalanda ====================================================== Abhishek Kumar @ Makhan @ Makhan Kumar Son Of Munna Kewat Resident Of Village- Tharthari Bazar, Ps- Tharthari, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Tharthari P.S. Case no.9 of 2022 registered under sections 308, 341, 342, 323, 354, 379, 448, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the four named accused persons including the petitioner herein started to abuse and assault the informant and others. Thereafter, the petitioner is said to have struck the devar of the informant with a sharp cutting weapon as a result of which he fell down unconscious.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The injury report of the devar of the informant brought on record as

Patna High Court CR. MISC. No.20863 of 2023(2) dt.16-05-2023 2/2 Annexure-3 to the application does not support the prosecution case in so far as against the allegation of assault by a sharp cutting weapon, the nature of weapon used in the opinion of the doctor contained in the injury report is a hard and blunt substance. The petitioner is in custody since 10.11.2022 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the allegations in the F.I.R read with the contents of the injury report (Annexure-3), the petitioner being in custody for 6 months since 10.11.2022, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Tharthari P.S. Case no.9 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 Additional Chief Judicial Magistrate, Hilsa, (Nalanda). (Partha Sarthy, J) Shiv/- U T