Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53925 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== BRAJESH KUMAR Son of Jai Prakash Mahto @ Jay Prakash Mahto @ Jay Parkesh Mahto Resident of Village-Pirnagar (Peer Nagar) Ward No. 10, P.S.- Khodawandur (Chhaurai OP), District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, the allegation against the accused persons including the petitioner is that they assaulted the informant and his brother by means of lathi, danda and iron rod due to which he and his brother sustained injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is inordinate

Patna High Court CR. MISC. No.53925 of 2023(2) dt.28-08-2023 2/3 delay of two days without given any cogent reason. It is submitted that the brother of the informant was examined by the doctor and only one lacerated wound over his left eye was found. It is further submitted that in spite of pistol in the hand of the petitioner, he has not repeatedly fired and assaulted the informant's brother. Moreover, he is languishing in judicial custody since 28.03.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khodawandpur P.S. Case No. 24 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 SubDivisional Judicial Magistrate, Manjhaul, Begusarai. (Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.53925 of 2023(2) dt.28-08-2023 3/3