Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47510 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- MOKAMAH District- Patna ====================================================== 1.

BABLU KUMAR Son of Sri Manohar Mahto Resident of village - Barahpur, P.S. - Mokama, Distt. - Patna 2.

Dilip Kumar Son of Sri Manohar Mahto Resident of village - Barahpur, P.S. - Mokama, Distt. - Patna 3.

Manohar Mahto Son of Late Jagdeo Mahto Resident of village - Barahpur, P.S. - Mokama, Distt. - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 Learned counsel for the petitioners 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 petitioners and learned APP for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Mokama P.S. Case No. 155 of 2023 dated 10.05.2023 registered for the offences punishable u/ss 341, 323, 307 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, Golu Kumar and

Patna High Court CR. MISC. No.47510 of 2023(2) dt.04-08-2023 2/3 Sanoj Kumar were making scrimmage with each other and the petitioners slammed Golu Kumar and started assaulting him. The petitioners and the co-accused persons holding spade, iron rod and bricks bat assaulted the informant and his brother Goli causing head injury.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. It is further submitted that there is land dispute between the parties. Nothing has been recovered from the possession of the petitioners and the petitioners have no concern with the alleged offence. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 11.05.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.47510 of 2023(2) dt.04-08-2023 3/3 concerned, Barh, Patna in connection with Mokama P.S. Case No. 155 of 2023.

8. The application stands allowed.

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