Awadh Singh @ Awadh Kumar @ Awadhesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52943 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== 1.
Awadh Singh @ Awadh Kumar @ Awadhesh Kumar Son of Saryu Singh R/O Vill.- Karhani, P.s.- Tankuppa, Dist.- Gaya 2.
Manoj Singh @ Manoj Kumar Son of Saryu Singh R/O Vill.- Karhani, P.s.- Tankuppa, Dist.- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Yadav For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State.
2. The petitioners seek regular bail in connection with Tankuppa Police Station Case No. 238 of 2023, dated 29.11.2023,, registered for the offence punishable under Sections 341/323/504/506/307/325/379/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 21.11.2023 while the informant was going to attend the nature's call outside his house and reached near the Banyan tree, due to previous enmity, the accused persons including the petitioners surrounded him,
Patna High Court CR. MISC. No.52943 of 2024(3) dt.23-08-2024 2/3 variously armed with iron-rod, lathi, khanti etc., assaulted him with an intention to kill due to which the informant sustained injury on his head and other parts of the body. The petitioners are said to have assaulted the informant by means of iron rod.
4. Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case due to previous enmity. He further submits that the injuries, though found to be grievous in nature, have been found on the non-vital part of the body of the informant, i.e. fingers. He further submits that the petitioners have got no criminal antecedent and they are in custody since 29.05.2024.
5. Regards being had to the submissions made by the parties and taking into consideration the fact that the injuries sustained by the informant is on the non-vital part of his body and the petitioner is in custody since 29.05.2024, having no criminal antecedent, I am inclined to grant regular bail to the petitioners.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, be released on bail on
Patna High Court CR. MISC. No.52943 of 2024(3) dt.23-08-2024 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount, each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, in connection to the Tankuppa Police Station Case No. 238 of 2023.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √