Kumod Kumar @ Kumod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62772 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Kumod Kumar @ Kumod Paswan Son of Shri Chand Paswan R/o Village - Malkalipur, P.S.- Vidyapatinagar, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 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 section 448, 341, 323, 324, 307, 427, 325, 379, 504, 506/34 of the Indian Penal Code.

As per prosecution case, while the informant was returning from workplace, the petitioner in drunken mode abusing a passerby and when he tried to stop, petitioner assaulted the informant with iron rod. Thereafter, the petitioner along with co-accused persons entered the house of informant and started abusing and assaulting his family members by means of sharp edged weapon (pharsa) due to which they sustained injury. It is further alleged that they

Patna High Court CR. MISC. No.62772 of 2022(2) dt.20-02-2023 2/3 snatched gold chain worth Rs. 80,000/- and Rs. 12,000/- cash from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. As a matter of fact that, a minor scuffle took place between the parties with regard to car parking due to which the petitioner has falsely been implicated in the present case. It is further submitted in respect of injuries, doctor opined as simple in nature and so far as injury of the informant's brother is concerned, the same was sustained on soldier which is not a vital part. Petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 03.09.2022.

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 Vidhyapatinagar P.S. Case No. 47 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court CR. MISC. No.62772 of 2022(2) dt.20-02-2023 3/3 two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I Dalsinghsarai, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T