Patna High CourtCR. MISC./43602/2023bail granted

Vivek Kumar @ Chunu Baba v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43602 of 2023 Arising Out of PS. Case No.-669 Year-2021 Thana- MADHAURAH District- Saran ====================================================== Vivek Kumar @ Chunu Baba Son Of Raj Kishore Singh Resident Of VillageMaraurhakhurd, Vaishya Tola, P.S.-Maraurha, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Session Trial No. 168 of 2023 arising out of Marhowra P.S. Case No. 669 of 2021 dated 26.11.2021 registered for the offences u/ss 147, 148, 149, 341, 307, 337 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons along with three unknown persons are

Patna High Court CR. MISC. No.43602 of 2023(2) dt.27-07-2023 2/3 alleged to have assaulted the informant's son with sharp edged knife due to that he sustained injuries and they fled away.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The inured sustained simple injury. The petitioner has 17 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Sarat at Chapra in connection with Session Trial No. 168 of 2023 arising out of Marhowra P.S. Case No. 669 of 2021, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

Patna High Court CR. MISC. No.43602 of 2023(2) dt.27-07-2023 3/3

8. The application stands allowed.

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