Patna High CourtCR. MISC./53510/2023allowed

Rahul Kumar @ Pinku v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53058 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== CHANDAN PASWAN S/o Tuntun Paswan Resident of Village-Rupdih, P.S.- Muffasil, District-East Champaran ... ... petitioners/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53510 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAHUL KUMAR @ PINKU S/O RAJENDRA CHAUDHARY R/O VILLAGE- RUPDIH, PS. MUFFASIL, DIST. EAST CHAMPARAN ... ... petitioners/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53058 of 2023) For the petitioners/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Zainul Abedin (In CRIMINAL MISCELLANEOUS No. 53510 of 2023) For the petitioners/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.53058 of 2023(2) dt.25-08-2023 2/3

2. The petitioners has prayed for regular bail in a case instituted for the offence under Sections 147, 149, 341, 323, 325, 307, 302, 379, 452 of the Indian Penal Code.

3. The allegation against the petitioners is of assaulting the informant and his grand-mother, due to they sustained injuries and during course of treatment his grandmother succumbed to injury. It is further alleged that the accused persons looted cash, ornaments and other articles.

4. It is submitted by learned counsel for the petitioners that petitioners has been falsely implicated in this case due to old dispute. They have committed no offence. There is general and omnibus allegation against the petitioners and no specific overt act of assaulting against the petitioners. He further submitted that the petitioners are only the member of mob. They are languishing in judicial custody for about four months.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.53058 of 2023(2) dt.25-08-2023 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Motihari Muffasil P.S. Case No. 174 of 2023.

(Sunil Kumar Panwar, J) arish/- U