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Patna High CourtCR. MISC./80183/2023allowed

Deepak Kumar v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80183 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== DEEPAK KUMAR son of Late Shambhu Singh Village- Chauki Ps- Sahebpur Kamal Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Choudhary For the Opposite Party/s :

Mr. Sanajy Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 307, 504, 379, 34, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner is that they he assaulted by means of rod over the head of the informant due to which he sustained injuries. It is further alleged that the petitioner also tried to kill one Nilesh Kumar by tying towel around his neck and co-accused persons also assaulted other persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.80183 of 2023(2) dt.13-12-2023 2/2 present case due to dirty village politics. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. It is further submitted that witnesses not supported the prosecution version. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahebpur Kamal P.S. Case No. 191 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-VI-cum Additional Judicial Magistrate-IV, Begusarai.

(Sunil Kumar Panwar, J) manishkumar/- U