Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36583 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== RISHU KUMAR S/O LATE SANTOSH SINGH R/O VILLAGE BAKHRI, P.S. KUCHAIKOT, DISTRICT GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 323, 324, 379, 504 and 34 of the Indian Penal Code.

As per the prosecution case, as a result of altercation between the parties it is stated that the five accused persons including the petitioner came variously armed and the petitioner is said to have given a tangi blow on the head of the son of the informant causing serious injuries.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The parties being neighbours, there was differences between the parties, however, the manner of occurrence is other than what has been narrated in the FIR. The petitioner has remained in custody since 17.3.2021 and has no criminal antecedent.

Patna High Court CR. MISC. No.36583 of 2021(3) dt.07-04-2022 2/2 Chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State who submits that the injuries on the son of the informant attributed to this petitioner has been found to be grievous in nature.

In response it is submitted by learned counsel for the petitioner that the allegations in the FIR are not supported by the injury report in so far as the cause of injury is said to be by hard and blunt object.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for more than 1 year and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kuchaikote P.S. Case no. 239 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj.

(Partha Sarthy, J) Spd/- U T