Bikki Patel @ Rohit Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29708 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== Bikki Patel @ Rohit Patel Son of Late Krishna Patel Resident of VillagePaterhi, P.S.- Maharajganj, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioner seeks bail in connection with Maharajganj P.S. Case No. 263 of 2023 instituted for the offence under Sections 147, 149, 341, 323, 324, 307, 302, 504, 506, 120B of the Indian Penal Code.

3.

As per prosecution case, the petitioner along with other co-accused persons armed with deadly weapons reached at the house of the informant, thereafter, seven accused persons started assaulting the grandson of the informant by means of knife and sword, as a result of which his back bone broke and blood started oozing from his stomach.

Patna High Court CR. MISC. No.29708 of 2024(2) dt.19-04-2024 2/3 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 04.01.2024. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioners have been falsely implicated in the present case due to village politics. There is no specific allegation levelled against the petitioner rather specific allegation is levelled against other co-accused person, namely, Vishal Patel, who assaulted by knife and sword on the back of the deceased. Charge-sheet has already been submitted in this case. Similarly situated co- accused person has already been granted bail by this Court by order dated 03.04.2024 passed in Cr. Misc. No. 22335 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner as well as claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court

Patna High Court CR. MISC. No.29708 of 2024(2) dt.19-04-2024 3/3 below/concerned Court in connection with Maharajganj P.S. Case No. 263 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T