Patna High CourtCR. MISC./78432/2023bail granted

Suraj Kumar v. The State Of Bihar

2023-12-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78432 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Suraj Kumar Son of Paras Mahto Resident of Village - Mogalpura Dih, P.S. - Bakhtiyarpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No. 32 of 2023 instituted for the offences under Sections 341, 323, 325, 307, 379/34 of the Indian Penal Code.

3. As per allegation made in the F.I.R., while the Informant was returning from Rajendra Nagar to his home, the accused persons, who were ambushed in way, started to assault the Informant by means of iron rod and sticks as a result of which the Informant got fracture in his arm and leg.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to village politics and previous enmity. He

Patna High Court CR. MISC. No.78432 of 2023(2) dt.06-12-2023 2/2 further submits that there is a delay of six days in instituting the F.I.R. There is no specific allegation of assault against the petitioner and the allegation made against the petitioner is omnibus and general. Learned counsel for the petitioner further submits that the co-accused/Chhote Ram @ Kishore Ram has been granted bail by a Co-ordinate Bench of this Court vide order dated 22.09.2023 passed in Cr. Misc. No. 62718 of 2023. The petitioner is languishing in judicial custody since 04.09.2023. The petitioner has no criminal antecedent.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody, 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 Bakhtiyarpur P.S. case No. 32 of 2023.

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