Patna High CourtCR. MISC./61333/2024bail granted

Prem Nath Gupta v. The State Of Bihar

2024-09-10Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61333 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- RAJPUR District- Buxar ====================================================== Prem Nath Gupta Son of Late Gupteshwar Sah R/O Vill.- Tiyara, P.S.- Rajpur, Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajpur P.S. Case No. 177 of 2024 dated 12.06.2024 registered for the offences punishable under Sections 447, 448, 341, 323, 325, 307, 379, 504 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant was working on his roof, the petitioner and the co-accused persons armed with lathis and weapons came and assaulted him on his head, causing a severe injury and he fell on the ground. All the accused persons assaulted him brutally with intention to kill him. On halla, his wife came to save him then the co-accused

Patna High Court CR. MISC. No.61333 of 2024(2) dt.10-09-2024 2/3 Manoj Sah and Haribhajan Sah assaulted also on the head of his wife with lathi. She also sustained head injury and she fell on the ground, thereafter, all the accused persons assaulted her brutally. In the meantime, the accused persons snatched the gold chain of Pushpa Devi and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against the petitioner is general and omnibus in nature. Learned counsel for the petitioner has further submitted that the injury suffered by the injured is simple in nature caused by hard and blunt substance. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner.

6. 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 Additional Chief Judicial Magistrate-1, Buxar in connection with Rajpur

Patna High Court CR. MISC. No.61333 of 2024(2) dt.10-09-2024 3/3 P.S. Case No. 177 of 2024.

7. The application stands allowed.

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