Patna High CourtCR. MISC./21067/2024bail granted

Shivam Kumar @ Priyansu Kumar @ Dipansu Kumar v. The State Of Bihar

2024-03-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21067 of 2024 Arising Out of PS. Case No.-326 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Shivam Kumar @ Priyansu Kumar @ Dipansu Kumar S/o Shoshan Paswan @ Birendra Ishwar @ Shoshan Kumar @ Shoshan Ishwar R/o Siwari, P.S. - Manjhaul (O.P.), Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Cheria Bariarpur (Manjhaul) P.S. case No. 326 of 2023 instituted for the offences under Sections 147, 148, 149, 448, 307, 387, 354B, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that all the accused persons including the petitioner armed with lathi, danda arrived

Patna High Court CR. MISC. No.21067 of 2024(3) dt.20-03-2024 2/3 at the place of occurrence and started abusing and assaulting the informant. It is further alleged that co-accused Manish Kumar started pressing the neck of the informant. Moreover, coaccused Manjesh fired on the son of informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of firing on the son of the informant is attributed to co-accused Manjesh Paswan. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.01.2024 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, no direct allegation as also 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

Patna High Court CR. MISC. No.21067 of 2024(3) dt.20-03-2024 3/3 below/concerned Court in connection with Cheria Bariarpur (Manjhaul) P.S. case No. 326 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T