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Patna High CourtCR. MISC./41969/2022bail granted

Suraj Kumar v. The State Of Bihar

2022-11-02Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41969 of 2022 Arising Out of PS. Case No.-106 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Suraj Kumar Son of Late Badri Mallik Resident of village- Manth Tola, Babupur, P.S- Sabour, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-11-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Special Case (Children) No. 02 of 2022 arising out of Industrial Area P.S. Case No. 106 of 2021 lodged under Sections 147, 149 and 302 of the I.P.C.

As per the prosecution case, the informant has narrated that he went in the engineering college playground to play cricket where discussion took place with petitioner Suraj Kumar. The allegation against the petitioner is that he started abusing the informant. Thereafter, 4 named accused persons alongwith 15-16 other persons visited and started abusing the

Patna High Court CR. MISC. No.41969 of 2022(2) dt.02-11-2022 2/3 petitioner's father. The allegation to assault by hockey stick upon the father of the informant is upon accused Amar Yadav and not against the present petitioner.

Learned counsel for the petitioner submits that petitioner is man of clean antecedent. There is no allegation of committing any act or overt act against him. He is in custody since 11.01.2022, charge sheet has already been filed in this case. He further submits that one other co-accused Ajay Yadav has been granted bail by the Co-ordinate Bench of this Court vide order dated 07.07.2022 passed in Cr. Misc. No. 10244 of 2022.

Learned counsel for the State opposes the prayer for bail.

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 Additional Sessions Judge- I cum Special Judge, (Children Court), Bhagalpur in connection with Special Case (Children) No. 02 of 2022 arising out of Industrial Area P.S. Case No. 106 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Patna High Court CR. MISC. No.41969 of 2022(2) dt.02-11-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T