Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75950 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== Saurabh Kumar S/O Ravindra Kumar Ravi Singh R/O Village- Basdiha Kala, P.S- Phesar, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vardaan Mangalam For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148,325,323,307, 504, 506 and 302 of the Indian Penal Code.

3. As per FIR, while the brother-in-law of the informant was doing some earthing in electricity in the private school, accused persons including this petitioner armed with weapons came and objected for the said work but when the same was resisted, co-accused Diwakar Kumar gave several Khanti blows on the stomach and chest of brother-in-law of the informant. It is further alleged that petitioner along with

Patna High Court CR. MISC. No.75950 of 2023(2) dt.30-11-2023 2/3 other co-accused persons assaulted the informant as well when he tried to save his brother-in-law.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing specific allegation has been levelled against the petitioner rather the specific allegation of assault is against other co-accused person. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Benches of this Court vide Annexure-P/6, P/7 and P/8 of this petition. Moreover, the petitioner is languishing in judicial custody since 07.08.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the charge is likely to be framed tomorrow.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phesar P.S. Case No. 47

Patna High Court CR. MISC. No.75950 of 2023(2) dt.30-11-2023 3/3 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad.

(Sunil Kumar Panwar, J) Shubham/- U T