Patna High CourtCR. MISC./55346/2022bail granted

Gaurav Kumar v. The State Of Bihar

2023-02-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55346 of 2022 Arising Out of PS. Case No.-139 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== Gaurav Kumar Son Of Ramanand Yadav R/O Village- Chandrahi Hajari Tola, Ward No. 3, P.S.- Dhamdaha, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Dhamdaha P.S. Case No. 139 of 2022 lodged under Sections 341, 323, 307, 379, 504, 506/34 of the I.P.C. As per the prosecution case, the F.I.R. has been lodged against 5 named accused persons alleging therein that the son of the informant was unloading soil from the tractor at his house. In the meantime, the named accused persons reached their and started abusing and assaulted the son of the informant, due to which he become injured.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.55346 of 2022(2) dt.21-02-2023 2/2 antecedent of the petitioner is clean and he is in custody since 10.06.2022 and the cause of the present dispute is the land and the petitioner is not criminal in nature. Counsel for the petitioner further submits that the another co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 10.02.2023 passed in Cr. Misc. No. 61683 of 2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Purnea in connection with Dhamdaha P.S. Case No. 139 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T