Sarvjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51293 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- BIHTA District- Patna ====================================================== Sarvjeet Kumar Son Of Ram Babu Rai @ Lal Babu Ram Resident Of Pandeychak, P.S. - Bihta, District - Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Aditya Srijan, Advocate For the Opposite Party :

Mr.Anil Kumar, APP For the Informant :

Mr. Ravi kant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State as well as learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihta P.S. Case No. 09/2024 dated 04.01.2024 registered for the offence punishable u/s 341, 342, 323, 324, 307 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have assaulted the informant on neck, hand and stomach with dabiya, causing injury.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.51293 of 2024(2) dt.12-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. As per the injury report, the size of injury is 10 cm X 31⁄2 cm on front of the neck of the informant but the depth of injury is not mentioned, though the injury is grievous in nature. It is further submitted that there is no repetition of blow which shows that the petitioner had no intention to cause death of the injured. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.01.2024.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the injury is grievous in nature.

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Danapur, Patna in connection with Bihta P.S. Case No. 09/2024, with the condition ;-

Patna High Court CR. MISC. No.51293 of 2024(2) dt.12-08-2024 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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