Patna High CourtCR. MISC./43214/2023bail granted

Vishal Kumar v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43214 of 2023 Arising Out of PS. Case No.-208 Year-2023 Thana- KOTWALI District- Patna ====================================================== VISHAL KUMAR SON OF KRISHNA PRASAD @ KRISHNA MAHTO RESIDENT OF MOHALLA - BADI PATAN DEVI GARHA, P.S -ALAMGANJ, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manjeet Kumar Roy For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. 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 Kotwali P.S. Case No. 208 of 2023 dated 19.3.2023 registered for the offence punishable u/s 341, 323, 324, 307, 504, 506 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the

Patna High Court CR. MISC. No.43214 of 2023(2) dt.25-07-2023 2/3 co-accused persons are alleged to have assaulted on the informant's chest and abdomen by a sharp weapon. The thumb of his hand was cut down and blood was oozing out.

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. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The injury is found to be simple in nature. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 3.7.2023 passed in Cr. Misc. No. 34183 of 2023. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.3.2023.

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, Patna in connection with Kotwali P.S. Case No. 208 of 2023.

Patna High Court CR. MISC. No.43214 of 2023(2) dt.25-07-2023 3/3

8. The application stands allowed.

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