Madan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66120 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Madan Kumar S/o Late Baban Singh Resident of Village- Munshitola, PODawan, PS- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Kishore Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jagdishpur P.S. Case No. 77/2024 dated 09.03.2024 registered for the offence punishable u/s 147, 149, 341, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code and later on Section 302 of the I.P.C.

3. As per the prosecution case, on 08.03.2024 at about 11.30 A.M., when she was cutting grass in her field, Pramod Singh, Vindhyachal Kumar, Madan Kumar, Rahul Kumar and Rohit Kumar abused her and assaulted her with fist and slaps. In the meantime, Rahul Kumar hit her on the left forearm with a bamboo stick, due to which her left arm got swollen. When her

Patna High Court CR. MISC. No.66120 of 2024(3) dt.16-12-2024 2/3 husband Bhagelu Yadav and grandsons Sonu Kumar and Pankaj Kumar came to save her, Rahul Kumar hit her husband Bhagelu Yadav on the head with a bamboo stick, causing injury. Further, the petitioner assaulted the informant's grandson Sonu with a bamboo stick, due to which he sustained injury on the palm of his right hand. Thereafter, the co-accused Golu Kumar assaulted the informant's grandson Pankaj with a brick, due to which he sustained injury on the elbow of his right hand. In the meantime, the co-accused, Rahul snatched six gold chains from his neck. Thereafter, the informant took her husband to Sadar Hospital for treatment from where the doctor referred him to Patna for better treatment where he succumbed to the injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of assaulting the informant's husband is against the co-accused Rahul. Learned counsel has submitted that the allegation against the petitioner is that he has assaulted on the hand of the informant's grandson which is simple in nature. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2024

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.66120 of 2024(3) dt.16-12-2024 3/3 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 Court concerned, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 77/2024.

7. The application stands allowed.

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