Laddu @ Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70159 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- TARARI District- Bhojpur ====================================================== Laddu @ Brajesh Kumar Son of Bharat Singh Resident of village- Sikraul, Ps- Sikrahata Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tarari P.S. Case No. 85 of 2024 instituted for the offences under Sections 341, 323, 307 of the Indian Penal Code and 27 of the Arms Act.

3. The accusation against the petitioner is that he fired upon the informant with intention to kill him.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No

Patna High Court CR. MISC. No.70159 of 2024(4) dt.22-01-2025 2/3 specific overt act is alleged against the petitioner. The only specific allegation against the petitioner is that he fired upon the informant. Learned counsel further submitted that as per injury report, no firearm injury has been caused to the informant but a lacerated wound has been found on the back of his head and the opinion regarding the nature of injury is reserved. Learned counsel further submitted that there is previous land dispute between the parties. Charge-sheet has been submitted in this case under Sections 341, 323, 307 of the IPC and 27 of the Arms Act. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.05.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Tarari P.S. Case No. 85 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.70159 of 2024(4) dt.22-01-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T