Patna High CourtCR. MISC./60384/2023allowed

Raju Kumar v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60384 of 2023 Arising Out of PS. Case No.-523 Year-2022 Thana- GAURICHAK District- Patna ====================================================== RAJU KUMAR S/O CHHOTAN RAY R/O VILLAGE- BAHUARA, P.SGAURICHAK, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 324, 341, 323, 147, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with others are alleged to have surrounded the informant and started assaulting him due to which he sustained injuries. They also snatched his chain and Rs. 35,00/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that for the same occurrence, two cases have been instituted against the petitioner along with others. Moreover, co-accused Vishal

Patna High Court CR. MISC. No.60384 of 2023(2) dt.22-09-2023 2/2 Kumar against who has specifically been alleged to stab the informant, has already been enlarged on bail granted by coordinate Bench of the Court vide order dt. 31.7.2023 passed in Cr. Misc. No. 35441 of 2023 in support of which, Annexure-5 has been Annexed with the petition. It is further submitted that the petitioner is languishing in judicial custody since 19.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gaurichak P.S. Case No. 523 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI, Patna City, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T