Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63314 of 2022 Arising Out of PS. Case No.-199 Year-2022 Thana- MAHESI District- East Champaran ====================================================== Sunil Kumar S/O Malik Sahani Resident Of Village- Kothiya Hariram, P.S.- Mehsi, District- East Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. Murlidhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 379, 307/34 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was going to his house, petitioner in collusion with other co-accused persons, stabbed in his abdomen and looted away his mobile.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.63314 of 2022(3) dt.16-03-2023 2/3 falsely been implicated in the present case. There is inordinate delay of five days in lodging the F.I.R. There is no any independent witness to support the prosecution version of the case. Doctor opined the injury as simple in nature and caused by hard and sharp object. It is also submitted that petitioner is languishing in judicial custody since 01.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 enlarged on bail in connection with Mehsi P.S. Case No. 199 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.63314 of 2022(3) dt.16-03-2023 3/3 the learned C.J.M., Motihari, East Champaran. (Sunil Kumar Panwar, J) nirajkrs/- U T