Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83418 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- SAHODARA District- West Champaran ====================================================== Krishna Kumar S/o Late Manoj Mukhiya R/o vill - Jamuniya, P.S. - Sahodra, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sahodra P.S. Case No. 12 of 2024 registered for the alleged offences under Sections 341, 323, 324, 307 and 506 of the Indian Penal Code.
3. As per prosecution case, petitioner assaulted the father-in-law of the informant, who happens to be the grandfather of the petitioner, with lathi and fractured his head and jaw. When the informant and sister of the petitioner tried to save him, the petitioner also assaulted them.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. Informant
Patna High Court CR. MISC. No.83418 of 2024(2) dt.04-12-2024 2/3 is the mother of the petitioner and her story is not believable that the petitioner inflicted injury to his own grandfather. Family dispute is admitted in the written report itself. Petitioner is in custody since 09.02.2024 and is having clean antecedent.
5. Learned APP opposes the prayer for bail submitting that the petitioner assaulted his own grandfather aged about 65 years and the injury could have been fatal.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner coupled with his clean antecedent and also considering the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Bettiah, West Champaran /concerned court in connection with Sahodra P.S. Case No. 12 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and
Patna High Court CR. MISC. No.83418 of 2024(2) dt.04-12-2024 3/3 every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T