Patna High CourtCR. MISC./65069/2023bail granted

Bholi Kumar @ Babli Kumar @ Bali Kumar v. The State Of Bihar

2023-10-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65069 of 2023 Arising Out of PS. Case No.-242 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Bholi Kumar @ Babli Kumar @ Bali Kumar, S/O Avdhesh Singh @ Avdhesh Yadav R/O Village- Bagaha, P.S- Barun, Distt.- Aurangabad, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alka Singh, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 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 Barun P.S. Case No. 242 of 2022 dated 12.06.2022 registered for the offences punishable u/ss 147,148, 149, 323, 307 and 302 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons in connivance with one another started assaulting the informant's father. The co-accused Jay Pratap Kumar and Tej Pratap Yadav assaulted the informant's father with iron rod causing head injury. Due to assault, the informant's father fell down and died on the spot.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.65069 of 2023(2) dt.13-10-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The specific allegation of assault is against the co-accused persons. Nothing has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.07.2023.

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

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, the petitioner above-named, 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, Aurangabad, Bihar in connection with Barun P.S. Case No. 242 of 2022.

7. The application stands allowed.

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