Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73160 of 2022 Arising Out of PS. Case No.-308 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== AJAY PRAJAPATI S/o Ram Briksha Prajapati R/v- Bajitpur, P.O.- Kanbehari, P.S.- Muffasil (Aurangabad, Anchal- Aurangabad, District- Aurangabad. (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1332 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== GAUTAM KUMAR Son of Ajay Prajapati Resident of Village- Bajitpur, P.O.- Kanbehari, P.S.- Muffasil (Aurangabad, Anchal- Aurangabad, DistrictAurangabad ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 73160 of 2022) For the Petitioner/s :

Mr.Kedar Yadav For the Opposite Party/s :

Mr.Nand Kishore Prasad (In CRIMINAL MISCELLANEOUS No. 1332 of 2023) For the Petitioner/s :

Mr.Kedar Yadav For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Muffasil P.S. Case No. 308 of 2022 registered for the offence under Sections 447, 341, 323, 307, 504, 506/34 of the Indian

Patna High Court CR. MISC. No.73160 of 2022(2) dt.20-03-2023 2/3 Penal Code.

As per prosecution case, one co-accused Mantu Kumar came to door of informant and started abusing his mother and sister. After sometime, FIR named accused persons including the petitioner armed with lathhi danda, iron rod came and started assaulting the informant and his son due to which they sustained injuries.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Both parties are co-villagers and they have falsely been implicated in this case due to dirty village politics. There is no specific overt act is against the petitioners rather general and omnibus allegation leveled against them. It is further submitted that the petitioners namely, Ajay Prajapati and Gautam Kumar are languishing in judicial custody since 2.9.2022 and 17.10.2022 respectively.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to

Patna High Court CR. MISC. No.73160 of 2022(2) dt.20-03-2023 3/3 be released on bail in connection with Muffasil P.S. Case No. 308 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad. (Sunil Kumar Panwar, J) Amandeep/- U T