Pragati Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36880 of 2021 Arising Out of PS. Case No.-38 Year-2019 Thana- KHIRI MORE District- Patna ====================================================== PRAGATI KUMAR Son of Devmangal Prasad Resident of Village- Jinpura, P.S.- Khiri More, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rashid Izhar, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the petitioner is stated to have struck the informant with a khanti on his head. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is case and counter case between the parties. The injury report does not support the allegations in the F.I.R. The petitioner is in custody since 22.1.2021 and chargesheet has been submitted in the case.

It is further submitted by learned counsel for the

Patna High Court CR. MISC. No.36880 of 2021(3) dt.03-02-2022 2/2 petitioner that a supplementary affidavit has been filed to the effect that on subsequently coming to know about one antecedent of the petitioner, details thereof has been given in the supplementary affidavit.

The application for bail is opposed by learned A.P.P. for the State who submits that injury of the informant is found to be grievous in nature.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of injury found in the injury report of the informant together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Khiri More P.S. Case no.38 of 2019 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 Judicial Magistrate 1st Class, Danapur, District Patna. (Partha Sarthy, J) Saurabh/- U T