Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51790 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== ABHISHEK KUMAR SON OF RAMSAGAR PRASAD RESIDENT OF VILLAGE - MANGURAHA, P.S. - CHIRAIYA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rashmi Jha, Adv.

For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP For the Informant/s :

Mr. Shashank Shekhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chiraiya P.S. Case No. 195 of 2024 dated 05.05.2024 registered for the offences punishable under Section 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, on 05.05.2024 at about 10:00 am, the co-accused persons including the petitioner armed with weapons came to the house of the informant and started abusing the informant. The co-accused Ram Sagar Prasad assaulted the informant with iron rod causing broken injury on

Patna High Court CR. MISC. No.51790 of 2024(2) dt.13-08-2024 2/3 his hand. When the wife of the informant came to rescue, she was assaulted with Farsa by the co-accused Manishek Kumar and caused injury on her head. The co-accused Ravishek assaulted the informant's brother causing head injury. The petitioner inflicted blow of Farsa on the head of Reena Devi causing injury. The co-accused Nitesh Kumar assaulted the informant's daughter causing injury on her hand. The coaccused Usha Devi assaulted the informant's father with iron rod. They also looted household articles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per Para-31 of the case diary, the injury report of Rina Devi is mentioned, where she sustained sharp cut wound on her head but no proper dimension has been made in the said injury report. The petitioner has no concern with the alleged offence. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.51790 of 2024(2) dt.13-08-2024 3/3 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 Judicial Magistrate-1st class, Sikrahna at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 195 of 2024.

7. The application stands allowed.

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