Lakhan Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40547 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Lakhan Kumar Roy Son Of Late Shashi Bhushan Mandal R/O VillageBarghachh Chowk, P.S.- Barari, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394/307 of the Indian Penal Code.

As per prosecution case, while the informant was returning for his house in the meantime, two accused persons stopped his vehicle and snatched the key of his vehicle. On protest, one of the accused person assaulted on his neck by means of blade as a result of which he sustained injury thereafter both persons were apprehended by the local people and handed over to the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.40547 of 2022(3) dt.01-02-2023 2/2 falsely been implicated in this case on the basis of suspicion. From perusal of the impugned order, injury sustained by the informant is simple in nature and allegation of assaulting by means of blade is against other co-accused namely Shiv Kumar not against this petitioner. Nothing incriminating has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 31.12.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Industrial Area P.S. Case No. 167 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bhagalpur.

(Sunil Kumar Panwar, J) amandeep/- U T