Niraj Vishwakarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51928 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.
Niraj Vishwakarma son of Shyam Narayan Vishwakarma Village- Kurari, Ps- Durgawati Dist- Kaimur at Bhabua 2.
Shyam Narayan Vishwakarma son of Fulchand Vishwakarma VillageKurari, Ps- Durgawati Dist- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP For the Informant/s :
Mr. Kumar Sunil, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Durgawati P.S. Case No. 27 of 2024 dated 05.02.2024 registered for the offences punishable under sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have brutally assaulted the informant and his family members with farsa and lathi causing injuries.
4. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.51928 of 2024(4) dt.12-09-2024 2/3 that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. There is no specific allegation against the petitioners. The petitioner has no concern with the alleged occurrence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 02.03.2024. The co-accused has been granted regular bail by this Court vide order dated 24.06.2024 passed in Cr. Misc. No. 42199 of 2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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 Sub-divisional Judicial Magistrate, Mohania, Kaimur at Bhabhua, in connection with Durgawati P.S. Case No. 27 of 2024, with further conditions:- (i) That the he petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without
Patna High Court CR. MISC. No.51928 of 2024(4) dt.12-09-2024 3/3 reasonable cause, the bail bond of the petitioners will liable to be canceled.
(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T