Basant Kumar @ Bashant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30378 of 2024 Arising Out of PS. Case No.-396 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Basant Kumar @ Bashant Kumar Son Of Din Bandhu Ray @ Dinbandhu Ray @ Dinbandhu Rai Resident Of Village- Jeeyan Khurd, P.S.- Karja, DistMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Soni Kumari, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Karja P.S. Case No. 396 of 2023 registered for the offence under Sections 307, 323, 324, 341, 379, 504, 506/304 of the IPC.
3. The prosecution case in brief in that on 16.11.2023 when the informant returned after driving his auto and went to the spot where he generally used to park his auto, he found that bundle of Puwal was kept at that spot. He inquired about the Puwal from co-accused Om Prakash and requested him to remove it. However, Om Prakash started abusing him and when the informant protested then Om Prakash Kumar, Basant Kumar, Akash Kumar, Dinbandhu Rai, Manju Devi attacked him with various arms. Basant Kumar hit the informant's
Patna High Court CR. MISC. No.30378 of 2024(2) dt.24-04-2024 2/3 forehead with a knife due to which he suffered a cut wound. Surendra Sah came to his rescue then Om Prakash Kumar hit him on his head with a knife due to which Surendra Sah also sustained a cut wound and became unconscious. When the informant's wife and mother came to their rescue then Akash Kumar pushed the informant's wife and snatched Mangalsutra from her and Dinbandhu Rai and Manju Devi pushed the informant's mother and snatched Mangalsutra and ring from her. Om Prakash snatched Rs. 2,000/- from the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. He further submits that the petitioner is in custody since 12.01.2024.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. On perusal of the FIR, injury report and impugned order dated 12.03.2024, it appears that on the basis of written report informant lodged FIR against 5 accused persons including the present petitioner. On perusal of injury report, it appears that 6CM X 1cm cut on left parietal region of skull and 3cmx1cmx1 cm cut on left temporal frontal region and no other injury except one injury found on the head of the informant
Patna High Court CR. MISC. No.30378 of 2024(2) dt.24-04-2024 3/3 which caused by hard and sharp weapon. Petitioner is in custody since 12.01.2024.
7. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 learned court of Judicial Magistrate - 1st Class, (West Muzaffarpur), in connection with Karja P.S. Case No. 396 of 2023. (Ramesh Chand Malviya, J) saurabhkr/- U T