Chandra Bhushan Kumar @ Chandar Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41053 of 2021 Arising Out of PS. Case No.-192 Year-2019 Thana- PARASBIGHA District- Jehanabad ====================================================== CHANDRA BHUSHAN KUMAR @ CHANDAR BHUSHAN KUMAR Son of Late Yugeshwar Sharma Resident of Village - Basantpur, P.S.- Parasbigha, P.O.- Shakurabad, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2022 Heard learned counsel for the parties through video conferencing.

Initially, the F.I.R. was lodged against unknown for the offences punishable under Sections 147, 149, 343, 323, 302 of the Indian Penal Code, however; during course of investigation, on the basis of statement of some witnesses, name of petitioner and co-accused Rahul Kumar has surfaced that due to stealing of the diesel by the deceased from the truck of petitioner, the mob, including the petitioner and co-accused Rahul Kumar, assaulted the deceased resulting his death. It is submitted on behalf of petitioner that as a matter of fact, the deceased was caught red-handed while stealing diesel from the vehicle and thereafter, he was brutally assaulted

Patna High Court CR. MISC. No.41053 of 2021(4) dt.15-04-2022 2/2 by nearby villagers, as a result of which, he became unconscious and later on, died. There is no eye-witness to the alleged occurrence and petitioner has been falsely implicated in this case only on suspicion. Petitioner claims clean antecedent and he is in custody since 05.04.2021. Chargesheet has already been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Parasbigha P.S. Case No. 192 of 2019. (Prabhat Kumar Singh, J) anay/- U T