Krishna Kant Kumar @ Mithu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22019 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== KRISHNA KANT KUMAR @ MITHU Son of Kamalkant Ray R/VLawapur PS- Mahnar, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarandha Suman, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 74 of 2023 arising out of Mahnar P.S. Case No. 119 of 2022 dated 12.05.2022, instituted for the offence punishable under Sections 341, 323, 324, 307, 379/34 and 302 of the Indian Penal Code.
3. The prosecution story in short, is that on 11.05.2022 at about 12:30 am, victim with his family members went to a sweet shop where petitioner and co-accused persons were collecting money as extortion from the shopkeeper and when the informant and his brother protested, they started
Patna High Court CR. MISC. No.22019 of 2023(2) dt.19-05-2023 2/3 assaulting them. Accused Krishna Kant assaulted with sword on head of informant's brother repeatedly and other co-accused assaulted with "farsa" causing head injury and Vishal Kumar snatched gold chain and looted Rs. 1,30,000/- and when the villagers assembled they fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is further submitted that the allegation against the petitioner is of assaulting with sword on the head of the deceased repeatedly, however, there was no sharp cutting injury rather hard and blunt object was mentioned in the post-mortem report. Lastly, it has been submitted that the petitioner is in custody since 15.06.2022 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Vaishali, Hajipur in Sessions Trial No. 74 of 2023 arising
Patna High Court CR. MISC. No.22019 of 2023(2) dt.19-05-2023 3/3 out of Mahnar P.S. Case No. 119 of 2022.
(Khatim Reza, J) Sankalp/- U T