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Patna High CourtCR. MISC./74957/2024allowed

Ravi Kumar v. The State Of Bihar

2024-12-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74957 of 2024 Arising Out of PS. Case No.-597 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Ravi Kumar S/O Sri Krishnandan Prasad R/O Village- Bhaluan, P.SMasaurhi, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhuri Kumari, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Masaurhi P.S. Case No.597 of 2024 instituted under Sections 126(2), 115, 109, 308, and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, on 16.07.2024, the petitioner along with his brother and father are alleged to have assaulted the informant causing injury on his head. It is alleged that petitioner demanded Rs. 10 lakh from the informant and assaulted him with iron rod. Co-accused Abhishek Kumar started strangulating the informant's neck for killing him.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case

Patna High Court CR. MISC. No.74957 of 2024(3) dt.18-12-2024 2/2 due to enmity. He further submits that injury on the injured is simple and superficial in nature which does not corroborate the allegation as alleged. Both the parties are close agnates and there is land dispute between parties. The petitioner is in custody since 17.07.2024. The petitioner has one criminal antecedent. Chargesheet has already been submitted. The petitioner undertakes to co-operate in the trial of this case.

5. Learned counsel for the informant and learned A.P.P. for the State oppose the prayer for bail.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Masaurhi/ concerned Court in connection with Masaurhi P.S. Case No.597 of 2024.

(Sunil Dutta Mishra, J) Siwani/- U T