Patna High CourtCR. MISC./41811/2023bail granted

Raj Kishore Thakur v. The State Of Bihar

2023-07-14Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41811 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- PUSA District- Samastipur ====================================================== Raj Kishore Thakur Son Of Ramesh Thakur R/O Village-Madapur Chhapara, P.S.- Pusa, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Pusa P.S. Case No. 102 of 2022 dated 17.10.2022, instituted for the offence punishable under Sections 341, 342, 323, 307, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 21.09.2022 at 09.00 pm, due to some altercation between co-accused Nandu Kumar and the informant's son, the petitioner and other three named accused persons assaulted her son. It has also been alleged that the petitioner and other two accused persons caught hold her son and co-accused Nandu Kumar hit on head by iron rod with a intention to kill due to which he sustained grievous injuries.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.41811 of 2023(2) dt.14-07-2023 2/3 petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that F.I.R. has been lodged after 26 days delay for which no plausible explanation has been given. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. The specific allegation is against the co-accused Nandu Kumar, who has been granted bail today i.e. on 14.07.2023 passed in Criminal Miscellaneous No. 42941 of 2023, by a Co-ordinate Bench of this Court. Learned counsel for the petitioner submits that allegations levelled against the petitioner are general and omnibus. Learned counsel for the petitioner submits that injuries inflicted to the informant's son is simple in nature.

Learned counsel for the petitioner further submits that similarly situated co-accused, namely, Ghantu Kumar @ Shyam Kishrore Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 18.05.2023 passed in Criminal Miscellaneous No. 23303 of 2023. Lastly, it has been submitted that the petitioner is in custody since 08.05.2023 having no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.41811 of 2023(2) dt.14-07-2023 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate- 1st class, Samastipur, in Pusa P.S. Case No. 102 of 2022.

(Khatim Reza, J) premchand/- U