Patna High CourtCR. MISC./38957/2023bail granted

Laxman Kumar v. The State Of Bihar

2023-07-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38957 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Laxman Kumar S/O Mahesh Yadav @ Mahesh Singh R/O Village- Lodipur (Mansurpur), P.S- Khushrupur, Distt.- Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Khushrupur P.S. Case No. 193 of 2022 dated 25.05.2022 lodged under Sections 341, 323, 325, 307, 379, 504, 506 and 34 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against 6 named accused persons including the present petitioner. From the content of F.I.R., it transpires that the petitioner along with others have surrounded the informant and indiscriminately attacked by lathi and rod. The specific allegation is against the Mahesh Yadav to assault by rod and

Patna High Court CR. MISC. No.38957 of 2023(2) dt.07-07-2023 2/2 subsequently, assault by butt of pistol.

5. Learned counsel for the petitioner submits that there is no allegation of act or overt-act against the present petitioner. At worst, petitioner is member of mob.

6. Counsel further submits that petitioner is in custody since 01.01.2023 having clean antecedent. Counsel submits that charge-sheet has already been filed in this case.

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

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City, District- Patna in connection with Khushrupur P.S. Case No. 193 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U