Patna High CourtCR. MISC./25197/2023allowed

Kundan Kumar v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25197 of 2023 Arising Out of PS. Case No.-730 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Kundan Kumar S/O Late Ashok Sharma Resident Of Village- Hanuman Mandir Raja Bajar Tenant Of Baikunth Sharma Raja Bajar, P.S And DistrictJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 341, 324, 307, 386, 452, 34 of the Indian Penal Code. As per FIR, the allegation against the petitioner is that he and some unknown miscreants assaulted the informant and his friend by means of knife and they also took away 1500/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.25197 of 2023(2) dt.23-05-2023 2/2 concern with the alleged occurrence and nothing incriminating article has been recovered from his conscious possession. It is further submitted that as per Annexure-2 doctor opined injury simple in nature. The petitioner is languishing in judicial custody since 02.08.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jehanabad Town P.S. Case No. 730 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.,III Jehanabad.

(Sunil Kumar Panwar, J) Manishkumar/- U T