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Patna High CourtCR. MISC./82027/2024bail granted

Parveen Kumar @ Chuha v. The State Of Bihar

2024-12-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82027 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Parveen Kumar @ Chuha S/O Umesh Pasad Singh R/O Village- Neya, P.SMuffasil, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Mayank Raj, Adv.

Mr. Avinash Kumar, Adv.

Mr. Ravi Ranjan Kumar, Adv.

Mr.Rakesh Kumar Sharma, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case No. 182/2024 dated 08.06.2024 registered for the offence punishable u/ss 341, 323, 308, 325, 354B, 504 and 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was sitting at his house, the co-accused, Sonu Kumar came and started abusing and told him to register 37 dismil land in his name otherwise he would kill him and his family members. In the meantime, the petitioner and the co-accused persons came

Patna High Court CR. MISC. No.82027 of 2024(2) dt.04-12-2024 2/3 holding iron rod, lathi, danda and assaulted the informant. Thereafter, the petitioner, Praveen Kumar assaulted the informant with iron rod, causing hand injury. The co-accused, Chandravaan Singh assaulted the informant on the left hand, causing injury. The co-accused, Sonu Kumar assaulted the informant with iron rod, causing head injury. In the meantime, the father of the co-accused, Sonu Kumar, Shambu Singh exhorted to kill the informant. On hearing this, the co-accused, Saurabh Kumar assaulted the informant with iron rod on his leg causing injury. When the informant's wife came to rescue, the co-accused, Pramod Kumar molested her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged offence. Learned counsel has further submitted that the injury no. 1 and 2 are simple in nature whereas the injury no. 3 and 4 are grievous in nature which are on non-vital part of the body. It is further submitted that there is no repetition of blow. The co-accused persons have already been granted anticipatory bail by this court vide order dated 23.10.2024 passed in Cr. Misc. No. 73571 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in

Patna High Court CR. MISC. No.82027 of 2024(2) dt.04-12-2024 3/3 custody since 09.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Muffasil P.S. Case No. 182 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T