Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45793 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Upendra Kumar Son of Late Bhola Singh Resident of Village - Bishrampur, P.s.- Sasaram (Muff), Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surender Prasad Singh, Adv For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Sasaram Mufassil P.S. Case No. 146 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution, this petitioner is alleged to have assaulted the informant by means of Knife at his head and also assaulted the informant's son by means of Knife.

Patna High Court CR. MISC. No.45793 of 2022(2) dt.08-12-2022 2/3 The main submissions advanced by learned counsel Mr. Surender Prasad Singh, appearing for the petitioner are that the petitioner has fair and clean antecedent, both the parties are agnates and in between both the parties a land dispute is running and two persons are stated to be injured persons of this case whose injuries have been opined to be simple in nature and the allegation made in the FIR does not get corroboration from the injury report of the said injured persons.

Learned APP Mrs. Asha Kumari, appearing for the State has opposed the prayer for bail.

Having considered the above submissions and mainly taking into account the petitioner's clean antecedent and his custody period and also the facts that the informant and his son who are stated to have sustained injuries in the alleged occurrence of attempt to murder committed by this petitioner and co-accused, sustained simple injuries and most of the injuries of them have been found in the nature of laceration and abrasion, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sasaram

Patna High Court CR. MISC. No.45793 of 2022(2) dt.08-12-2022 3/3 Mufassil P.S. Case No. 146 of 2022.

(Shailendra Singh, J.) maynaz/- U T