Patna High CourtCR. MISC./58234/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-09-01Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58234 of 2023 Arising Out of PS. Case No.-472 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== DEEPAK KUMAR, S/o- LATE BIPIN SINGH Village- Nadiyama PsLakhisarai Ramgarh Chowk Dist- lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 472 of 2023 dated 24.06.2023 registered for the offences punishable u/ss 341, 323, 307, 504 and 506 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, when the informant was cultivating his field then the petitioner and the co-accused persons surrounded and abused him. It is further alleged that the

Patna High Court CR. MISC. No.58234 of 2023(2) dt.01-09-2023 2/3 petitioner and the co-accused persons brutally assaulted the informant with iron rod and lathi causing head injuries. The informant fell down and became unconscious. Thereafter, his daughter-in-law and villagers came there and brought the informant to the hospital for treatment.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land disputes between the parties. Nothing has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged offence. The injured sustained injuries which are simple in nature as stated in para 11 of the bail petition. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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 Court concerned, Lakhisarai in connection with Lakhisarai (Ramgarh

Patna High Court CR. MISC. No.58234 of 2023(2) dt.01-09-2023 3/3 Chowk) P.S. Case No. 472 of 2023.

8. The application stands allowed.

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