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Patna High CourtCR. MISC./52715/2023allowed

Raman Kumar @ Raman Kunwar @ Mitthun Kumar @ Mithun Kunwar v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52715 of 2023 Arising Out of PS. Case No.-576 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Raman Kumar @ Raman Kunwar @ Mitthun Kumar @ Mithun Kunwar S/O Sri Ram Shankar Kumar R/O Village- Binodpur, P.S- Mufassil, P.OBinodpur, Distt.- Begusarai, Bihar- 851134. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Prasant Bhardwaj Mr.Apurv Harsh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 325, 326, 307, 338, 379, 504, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with others are alleged to have assaulted the son of the the informant with bricks due to which he sustained injuries. Other co-accused Rama Shankar assaulted the injured by means of bamboo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to political rivalry. From perusal of FIR, specific overt-act is against co-accused Ram

Patna High Court CR. MISC. No.52715 of 2023(3) dt.09-10-2023 2/2 Shankar who assaulted on the head of the injured Ruskin Kumar by means of bamboo. There is case case and counter case between the parties. It is also submitted that co-accused Ram Shankar who is father of the petitioner, has already been granted bail by learned Court below. Moreover, the petitioner is languishing in judicial custody since 15.6.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the injured stated vide para 79 of the case diary that the petitioner was also involved in assaulted him by means of bricks.

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of the charge, if not framed, in connection with Muffasil P.S. Case No. 576 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Begusarai or concerned Court. (Sunil Kumar Panwar, J) Amandeep/- U T