Patna High CourtCR. MISC./81086/2023allowed

Bambam Kumar v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81086 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== BAMBAM KUMAR SON OF LATE NITYANAND MANDALQ R/O LAXMIPUR BHITTA, P.S.- BARHARA, DIST.- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 392 and 411 of the Indian Penal Code.

3. As per prosecution case, two persons sitting on motorcycle over took the informant and forcibly stopped his tractor. It is further alleged that the the accused persons assaulted the informant and taken away his cash, mobile and tractor.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The alleged tractor and the cement loaded over it has been released to its owner and the tractor and

Patna High Court CR. MISC. No.81086 of 2023(2) dt.15-12-2023 2/2 trailor has been released in favour of the informant. He further submitted that good sense has been prevailed between the parties and the parties have settled their dispute outside the Court and compromise petition has also been filed in the Court below. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 11.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Barhara Kothi P.S. Case No. 309 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T