Patna High CourtCR. MISC./75185/2023bail granted

Tulan Kumar @ Uttam Kumar v. The State Of Bihar

2023-12-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75185 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- KASHICHAK District- Nawada ====================================================== Tulan Kumar @ Uttam Kumar Son Of Mr. Mithilesh Kumar @ Mithilesh Singh Resident of Village- Daulachak, Ps- Kashichak, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kashichak P.S. case No. 103 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the accused persons along with the present petitioner, variously armed with fire-arms, assaulted the deceased/brother of the Informant causing multiple bullet injuries on the vital parts of the body.

4. The specific allegation against the petitioner is of assaulting the brother of the Informant with brick-stones.

5. Learned counsel for the petitioner submits that the petitioner is an innocent person and has falsely been implicated in the present case due to land dispute. The petitioner has no

Patna High Court CR. MISC. No.75185 of 2023(2) dt.01-12-2023 2/2 criminal antecedent and is in judicial custody since 19.05.2023. He further submits that the co-accused/Sarawan Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 09.05.2023 passed in Cr. Misc. No. 6501 of 2023. The charge-sheet has been submitted in this case.

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

7. Considering the entire facts and circumstances of the case, let the petitioner, abovenamed, 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 Kashichak P.S. case No. 103 of 2022, subject to the following conditions:- (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.

(Rudra Prakash Mishra, J) rishi/- U T