Gauri Shankar Raj Bhar @ Gauri Shankar Bhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83128 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- Karnamepur District- Bhojpur ====================================================== 1.
Gauri Shankar Raj Bhar @ Gauri Shankar Bhar, S/o- Dharha Raj Bhar @ Dhorha Bhar @ Dhodha Raj Bhar @ DhonaRajbhar, Resident of villagePrasaunda (Karela), P.S- Karnamepur, Distt.- Bhojpur 2.
Dhorha Raj Bhar @Dhorha Bhar @ Dhodha Raj Bhar @ Dhodha Raj Bhar @ Dhona Bhar, Son of Late Chandradeep Bhar, Resident of villagePrasaunda (Karela), P.S- Karnamepur, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-12-2024 Heard Mr. Akash Kumar Mishra, learned counsel for the petitioners and Mr. Ashok Kumar Singh, learned APP for the State.
2. Petitioners seek regular bail in connection with Karnamepur P.S. Case No. 20/2024 dated 09.08.2024 registered for the offences punishable under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The main submissions advanced by learned counsel for the petitioners are that both the petitioners have fair and clean antecedent and the petitioner No. 1 has been languishing in jail since 10.08.2024 and the petitioner No. 2 has been
Patna High Court CR. MISC. No.83128 of 2024(2) dt.04-12-2024 2/3 languishing in jail since 30.08.2024 and as per the FIR, Dhorha Raj Bhar (petitioner No. 2) and co-accused, namely, Dharmendra Rajbhar inflicted kudal blows to the head and hand of the informant which resulted in injuries but as per his injury report filed with this petition as Annexure - 'P4', only one injury at the left hand of the informant was found and the same was also found in the nature of pain and swelling and so far as the allegation against the petitioner No. 1 is concerned, he is alleged to have assaulted at the head of one, namely, Mithlesh by means of rami and the injury report of the said Mithlesh has been filed with this petition as Annexure - 'P3' which shows that he sustained only one simple injury. It is further submitted that in fact an incident of free fight took place in between both the parties and there is case and counter case in between them and some persons from the petitioners' side also sustained injuries and against the petitioners, the investigation has been completed.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioners.
5. Considering the above submissions and mainly the petitioners' custody period and completion of the investigation against them, this Court is inclined to release them on bail.
Patna High Court CR. MISC. No.83128 of 2024(2) dt.04-12-2024 3/3 Accordingly, let the petitioners named-above be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Karnamepur P.S. Case No. 20/2024.
(Shailendra Singh, J) annu/- U T