Patna High CourtCR. MISC./50134/2023bail granted

Baljeet Kumar v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50134 of 2023 Arising Out of PS. Case No.-608 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Baljeet Kumar, Son Of Sipahi Yadav, Resident Of Village Jhandapur P.S Bihpur District Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Bihpur (Jhandapur) P.S. Case No. 608 of 2022 dated 02.11.2022 registered for the offences punishable u/ss 147, 148, 149, 307, 333, 353 and 504 of the Indian Penal Code.

4. As per the prosecution case, 7-4 unknown miscreants are alleged to have assaulted Ajay Bhandare and one Hawaldar who were on duties with lathi, bamboo and three knot.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.50134 of 2023(2) dt.09-08-2023 2/2 case. The petitioner is not named in the F.I.R. It is further submitted that the petitioner was apprehended in Nadi P.S. Case No. 29 of 2022 and the police has recorded his statement and implicated in the present case. No T.I.P. has been conducted by the prosecution. The co-accused persons have already been granted bail by the Coordinate Bench of this court vide order dated 25.05.2023 passed in Cr. Misc. No. 28867 of 2023. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.11.2022.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Naugachia, Bhagalpur in connection with Bihpur (Jhandapur) P.S. Case No. 608 of 2022.

8. The application stands allowed.

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