Lakhia Kumar @ Lakki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21773 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Lakhia Kumar @ Lakki Kumar S/o Gopal Das R/o vill - Basgama Jiyal Tola Gumti No. 14 ward no 45, P.S. - Sadar, Distt. - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sadar P.S. case No. 212 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code.
3. Prosecution case, in short, is that all the accused persons persons including this petitioner assaulted the informant and her co-villagers Ram Pravesh Rishi, Guria Kumari, Arjun Rishi, Anjula Devi, by means of lathi-danda and iron rod, due to which they sustained injuries.
Patna High Court CR. MISC. No.21773 of 2024(2) dt.22-03-2024 2/3
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case only on the basis of suspcion. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Petitioner was not arrested on the spot and no any incriminating article has been recovered from him. No specific overt act is alleged against the petitioner. Learned counsel further submitted that injuries sustained by informant as well as all the victims except two victims, are found to be simple in nature . Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.12.2023 and has no 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, clean antecedent 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.21773 of 2024(2) dt.22-03-2024 3/3 below/concerned Court in connection with Sadar P.S. case No. 212 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T