Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55986 of 2022 Arising Out of PS. Case No.-276 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== RAJU KUMAR S/o Ashok Ram R/V- Nijampur (Adhpa), P.S.- Janipur, DisttPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Deo For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 302, 323, 504, 506, 447/34 of the Indian Penal Code. As per prosecution story, three accused persons including this petitioner came to the house of informant and started abusing and on protest they assaulted him, his brother and his father as a result of which his father died. IT is further alleged that showing the fear of weapons they threatened him of dire consequences.

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 has not been made clear that who has assaulted to whom and by which means. There is

Patna High Court CR. MISC. No.55986 of 2022(2) dt.17-01-2023 2/2 no specific allegation against the petitioner rather general and omnibus allegation has been attributed against him. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Similarly situated co-accused namely, Om Prakash Chaudhary has already been granted bail by this court vide order dated 4.1.2023 in Cr. Misc. No. 39318 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 21.3.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulwarisharif (Janipur) P.S. Case No. 276 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 Additional Sessions Judge-XI, Patna.

(Sunil Kumar Panwar, J) amandeep/- U T