Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54048 of 2022 Arising Out of PS. Case No.-57 Year-2021 Thana- PATAHI District- East Champaran ====================================================== PINTU KUMAR Son Tejilal Prasad Kushwaha @ Tejilal Prasad @ Tejilal Kushwaha Resident of Village - Sugapipar, P.s.- Patahi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 302, 380, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 04.05.2022, and has antecedent of one case in which he was acquitted and is a young boy aged about 19 years.

The informant alleges that accused persons including the petitioner came and Tileshwari Devi assaulted his mother by brick causing injury on back side of her neck and

Patna High Court CR. MISC. No.54048 of 2022(2) dt.04-01-2023 2/3 this petitioner took ornaments, cash and clothes from the husband, it is further alleged that the mother of the petitioner died subsequently during the course of treatment. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the FIR it would manifest that there is specific allegation of assault against Tileshwari Devi and ornamental allegation of snatching and taking away ornaments, cash and clothes is alleged against this petitioner. Learned counsel next submits that petitioner is a young boy and if he remains in judicial custody for long time, a possibility may arise that he may come in company of hardened criminals and his entire career may get jeopardized.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be

Patna High Court CR. MISC. No.54048 of 2022(2) dt.04-01-2023 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Patahi P.S. Case No. 57 of 2021.

(Satyavrat Verma, J) GauravSinha/- U T