Prasant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77933 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- Lakho District- Begusarai ====================================================== 1.
Prasant Kumar Son of Arbinal Singh Resident of Village - Manjhilapur, P.S. - Lakho, District - Begusarai 2.
Arbind Singh Son of Late Lakhan Singh Resident of Village - Manjhilapur, P.S. - Lakho, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :
Mr. Arvind Kumar Pandey, (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Lakho P.S. Case No. 105 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 76, 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, the petitioners along with other co-accused persons assaulted the informant and outraged her modesty due to which she sustained injuries.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.77933 of 2024(2) dt.28-10-2024 2/2 present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that there is no direct allegation of assault against the petitioners. It is alleged that petitioner no. 1 has snatched golden chain of the informant and petitioner no. 2 has outraged her modesty. The petitioners are in custody since 18.08.2024 and have got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakho P.S. Case No. 105 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T