Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71009 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- DHANSOI District- Buxar ====================================================== 1.
Krishna Kumar S/o- Teju Ram Village- Dhansoi PS-Dhansoi, Dist- Buxar 2.
Kanhaiya Kumar Son of Teju Ram Village- Dhansoi PS-Dhansoi, DistBuxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar, Adv.
For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Dhansoi P.S. Case No. 83 of 2024 dated 22.06.2024 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307, 302 and 504 of the Indian Penal Code.
3. As per the prosecution case, on 21.06.2024, the petitioner Krishna Kumar started abusing the informant's brother Manjay Ram. When the informant objected him, Krishna Kumar started assaulting Manjay Ram with bamboo khuta. Upon commotion, the other co-accused persons namely
Patna High Court CR. MISC. No.71009 of 2024(3) dt.24-02-2025 2/3 Teju Ram, Ramashray Ram, Kanhaiya Ram (petitioner no. 2), Shyam Sundar Kumar, Arjun Kumar, wife of Teju Ram and the wife of Rambrat Ram armed with lathi-danda came there and started assaulting Manjay Ram. His mother Lawangi Devi, cousin brother Dasai Ram and wife Hirajhari Devi rushed to rescue but all the eight accused persons badly assaulted them with lathi-danda and they fell down. Thereafter, all the accused persons went to their house. The injured were taken to the hospital by the co-villagers and in the morning, they returned after their treatment but suddenly the condition of his mother Lawangi Devi got serious and when they tried to take her hospital, she died. Thereafter, he took the body of his mother to police station.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged offence. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 23.06.2024..
5. Learned A.P.P. for the State has opposed the bail
Patna High Court CR. MISC. No.71009 of 2024(3) dt.24-02-2025 3/3 petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with Dhansoi P.S. Case No. 83 of 2024 with the condition :- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T