Bipin Kumar @ Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81516 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Bipin Kumar @ Vipin Kumar Son Of Laldev Ray Resident Of VillageLatbasepura, Police Station- Musarigharari, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 325, 379, 504, 506/34 of the Indian Penal Code and Section 307 of Indian Penal code added later on.

Prosecution case in nutshell is that while the informant was returning from his field, petitioner along with other co-accused persons, armed with lathi, danda and iron-rod, surrounded him and started assaulting. On the order of co-accused Ramnarayan Ray, co-accused

Patna High Court CR. MISC. No.81516 of 2023(3) dt.22-01-2024 2/3 Mukesh Kumar assaulted the informant by means of iron rod and co-accused Rajan Kumar assaulted him by means of iron punch due to which informant sustained injuries over his arm pit and eye. Co-accused Raj Kumar Rai pressed his chest by means of lathi. Allegation against the petitioner is that he snatched gold chain from the neck kof informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner of snatching gold chain from the neck of the informant. Specific allegation of assaulting to informant is levelled against co-accused persons. There is an inordinate delay of 5 days in lodging the F.I.R. Moreover, the petitioner is languishing in judicial custody since 17.10.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.81516 of 2023(3) dt.22-01-2024 3/3 and taking into consideration 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 in connection with Musarigharari P.S. Case No. 75 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Samastipur.

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