Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63448 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- PARSA District- Saran ====================================================== Shailendra Kumar, S/o -Nagendra Ray, Resident of Village- Kuaribir, P.S.- Parsa, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 325, 504, 506, 307, 302 and 34 of the Indian Penal Code.

3. As per the allegation, the informant alleged that all accused persons along with 5-6 unknown persons armed with sticks, spears, iron-rods and country-made pistol came at his door and started assaulting him. It is further alleged that on protest made by his family members, these miscreants assaulted his grandmother and father, owing to which they also sustained injuries.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.07.2023 and has got no

Patna High Court CR. MISC. No.63448 of 2023(2) dt.10-10-2023 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The allegation of assault upon the deceased is against co-accused, namely, Vidhan Rai. There is no allegation against the petitioner for assaulting the deceased. Though the allegation against the petitioner is of firing upon the informant but did not cause any grievous injury to the informant. The injury report of the informant is Annexure- 2 series to the present application. The nature of injury is said to be simple.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Parsa P.S. Case No. 234 of 2022.

(Sudhir Singh, J) annu/- U T