Abhimanyu Kumar @ Abhimanyu Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26174 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- SAHAJITPUR District- Saran ====================================================== ABHIMANYU KUMAR @ ABHIMANYU KUMAR OJHA S/O AKSHAY KUMAR OJHA, R/O Village- Mojegowa, P.S- Sahajitpur, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Informant : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 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 A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sahajitpur P.S. Case No. 234 of 2022 dated 01.11.2022 registered for the offences punishable u/ss 341, 323, 324, 307, 379, 354, 504 and 506 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the co-accused persons started abusing and assaulting the informant.

Patna High Court CR. MISC. No.26174 of 2023(2) dt.24-05-2023 2/3 On objection, the petitioner assaulted with sword on the head of the informant, due to which, he sustained injuries on his neck. The petitioner also snatched gold chain from the neck of the informant. When the wife of the informant went to rescue him, she was also assaulted. They snatched her gold Mangalsutra. Thereafter, they started strangulating the neck of the informant by putting electric wire on his neck.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per injury report of the injured, the informant sustained injury which is simple in nature and his wife also sustained injury which is simple in nature caused by hard and blunt substance. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.02.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.26174 of 2023(2) dt.24-05-2023 3/3 concerned, Saran at Chapra in connection with Sahajitpur P.S. Case No. 234 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T