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Patna High CourtCR. MISC./43354/2021bail granted

Vinod Kumar Bind v. The State Of Bihar

2021-12-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43354 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== VINOD KUMAR BIND S/o- Akalu Bind Resident of Village - Baijnathpur, P.S. Kudra, Dist.- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kudra P.S. Case No. 69 of 2021 for the offence registered under Sections 341, 323, 504, 506, 354/34 of the Indian Penal Code and Sections 37(i) (ii) of the Bihar Excise Amendment Act, 2018.

The allegation is regarding the petitioner having assaulted the informant and his daughter while he was in a drunken state.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 09.03.2021. The learned counsel for the petitioner has further submitted that the informant and his daughter had not suffered any grievous

Patna High Court CR. MISC. No.43354 of 2021(2) dt.15-12-2021 2/2 injury and moreover the petitioner is languishing in custody since about nine months, hence the case of the petitioner for grant of bail be considered sympathetically.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein and the fact that the informant and his daughter are stated not to have suffered grievous injury, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 Special Judge (Excise) Kaimur at Bhabua in connection with Kudra P.S. Case No. 69 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T