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Patna High CourtCR. MISC./19634/2023bail granted

Dharmvir Kumar Pappu @ Mehta @ Dharmveer Kumar Pappu @ Dharmvir Kumar @ Pappu Mehta @ Pappu Mahto v. The State Of Bihar

2023-05-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 19634 of 2023 Arising Out of PS. Case No.-483 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== DHARMVIR KUMAR PAPPU @ MEHTA @ DHARMVEER KUMAR PAPPU @ DHARMVIR KUMAR @ PAPPU MEHTA @ PAPPU MAHTO Son of Late Krishna Dev Prasad @ Late Krishna Dev Mehta Resident of Chai Tola Tikiya Toli, P.S.-Sultanganj, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Anuj Kumar, Advocate For the Opposite Party/s :

Ms Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Sultanganj Police Station (for brevity, PS) Case No 483 of 2022 dated 27.12.2022 registered for the offence punishable under Sections 447, 341, 323, 324, 307/34 of Indian Penal Code.

As per prosecution case, the petitioner and the co-

Patna High Court CR. MISC. No.19634 of 2023(2) dt.23-05-2023 2/3 accused persons assaulted the brother of the informant with sharp edged weapon which cut the miscues and bone of the right leg of his brother and he sustained injuries and was admitted to the Hospital and the co-accused Pappu Mahto used to abuse his brother.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent, as stated in paragraph 3 of the bail petition. There is general and omnibus allegation against the petitioner. No injuries have been inflicted on vital part of the body. Though the injuries appear to be grievous in nature caused by hard and blunt substance whereas the allegation against the petitioner and the other co-accused persons is of assaulting the informant's brother with sharp edged weapon. The petitioner is in custody in this case since 23.01.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/-

Patna High Court CR. MISC. No.19634 of 2023(2) dt.23-05-2023 3/3 (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Patna City, District - Patna in Sultanganj PS Case No 483 of 2022 dated 27.12.2022.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T