Patna High CourtCR. MISC./82902/2023allowed

Dhiraj Kumar v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82902 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- KORMA District- Sheikhpura ====================================================== DHIRAJ KUMAR SON OF LATE JAGDISH MAHTO RESIDENT OF VILLAGE- MURARPUR, P.S.- KORMA, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Roop Kishan For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 342, 323, 324, 325, 307, 120B/34 of the Indian Penal Code.

3. As per FIR, it is a case of assault by the petitioner along with others due to which, the informant sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Petitioner and the informant are cousin and are own family members. The allegation against the petitioner is that he came and assaulted the informant by means of knife but the Injury report is not in consonance with the prosecution case. There is no specific overt

Patna High Court CR. MISC. No.82902 of 2023(2) dt.02-01-2024 2/2 act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.09.2023.

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

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 Court concerned in connection with Korma P.S. Case No. 111 of 2023.

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