Patna High CourtCR. MISC./73934/2023bail granted

Raushan Kumar v. The State Of Bihar

2024-02-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73934 of 2023 Arising Out of PS. Case No.-447 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== Raushan Kumar, aged about 20 years, Male, Son of Vijay Prasad, Resident of Village - Salempur, P.S.- Jehanabad (Karauna O.P.), District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jehanabad (Karauna O.P.) PS Case No. 447 of 2023 instituted for the offences punishable under Sections 341, 323, 325 and 307 of the Indian Penal Code.

3. As per the prosecution case, petitioner has assaulted by means of rod on the jaw of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It has further been submitted that the petitioner has got no criminal antecedent. From perusal of the FIR and impugned order of the learned

Patna High Court CR. MISC. No.73934 of 2023(4) dt.20-02-2024 2/2 District and Sessions Judge, Jehanabad dated 05.10.2023, it appears that petitioner is named in the FIR. The occurrence took place on 03.05.2023 and the FIR has been lodged on 12.05.2023 and there is no appropriate explanation regarding the delay in lodging of the FIR. From perusal of the FIR, it appears that only one blow by iron rod has been caused by the petitioner on the informant. Petitioner has got clean antecedent as stated in para-3 of the petition. Petitioner is in custody since 13.09.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named 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 the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Karauna O.P.) PS Case No. 447 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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