Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29469 of 2024 Arising Out of PS. Case No.-925 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== 1.
BIRENDRA KUMAR S/O LATE JAI PRAKASH NARAYAN R/O VILLAGE- BAIRAGIBAGH WARD NO. 31, P.S AND DISTT.- JEHANABAD.
2.
MITHILESH KUMAR @ RAJIV KUMAR S/O BIRENDRA KUMAR R/O VILLAGE- BAIRAGIBAGH WARD NO. 31, P.S AND DISTT.- JEHANABAD.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Jehanabad P.S. case No. 925 of 2023 instituted for the offences under Sections 341, 342, 323, 325, 307, 354, 354B, 504, 506, 34 of the Indian Penal Code.
3. These petitioners are alleged to have assaulted on the head of the informant with the handle of the fodder cutting machine due to which she sustained internal head injury and fell
Patna High Court CR. MISC. No.29469 of 2024(2) dt.20-04-2024 2/3 down. It is further alleged that the petitioner tried to outrage the modesty of the informant.
4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case due to previous enmity. He further submitted that the injury sustained by the informant is simple in nature caused by hard and blunt substance. Learned counsel further submitted that there was no intention of the petitioners to outrage the modesty of the informant. The allegation against the petitioners is general and omnibus in nature. It has been submitted on behalf of the petitioners that the petitioner no.1 is in custody since 15.02.2024 whereas petitioner no.2 is in custody since 07.02.2024. The petitioners have five criminal antecedents out of which they have been acquitted in three cases and in the two cases, they are on bail.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties
Patna High Court CR. MISC. No.29469 of 2024(2) dt.20-04-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Jehanabad P.S. case No. 925 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T