Patna High CourtCR. MISC./38869/2024bail granted

Chunchun v. The State Of Bihar

2024-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38869 of 2024 Arising Out of PS. Case No.-2 Year-2022 Thana- BARHARIA District- Siwan ====================================================== CHUNCHUN SON OF MD. HASMULLAH RESIDENT OF VILLAGE - Gausihata, P.S. - Barharia, District - Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate Mr. Saurabh Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 307, 302, 120B and other allied sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including this petitioner assaulted the informant's brother with lathi, danda and iron rod as a result of which he sustained injuries and died thereof.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Though 8 accused persons are alleged to have assaulted the deceased but post mortem report reveals that only one injury was found on the body of the deceased which

Patna High Court CR. MISC. No.38869 of 2024(2) dt.22-08-2024 2/2 belies the prosecution case. Petitioner claims clean antecedent. Charge sheet has already been filed. Petitioner is in custody since 27.12.2023.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Siwan in Sessions Trial No. 50/2024.

(Prabhat Kumar Singh, J) Shashi U T