Patna High CourtCR. MISC./40449/2024bail granted

Utsav Kumar @ Utsav Kumar Pandey v. The State Of Bihar

2024-07-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40449 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Utsav Kumar @ Utsav Kumar Pandey S/O VIVEKANAND PANDEY Resident of Village- Rauna Sherpur, P.S. Belaganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Belaganj P.S. Case No. 330 of 2023 dated 23.05.2023 registered for the offences punishable u/ss 341, 323, 504, 354, 379, 307 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abused the informant's son and the petitioner assaulted on his head with iron rod causing severe injury to him. When the informant came to rescue, they also assaulted her.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.40449 of 2024(2) dt.04-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. It is further submitted that the father of the petitioner also sustained injury. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the anticipatory bail petition of the petitioner has already been rejected by this court vide order dated 19.03.2024 passed in Cr. Misc. No. 11265 of 2024.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Belaganj P.S. Case No. 330 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T