Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86263 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- KHUDWA District- Aurangabad ====================================================== Vinay Kumar S/o- Ramashish singh r/o Vilalge- Lahasha, P.S.- Khudwan, District - Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar, Adv For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP For the Informant Mr. Kumar Ravish, Adv Ms Siddhi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.
2. The petitioner seeks regular bail in connection with Khudwa P.S.Case No. 77 of 2023 for the offence registered under Sections 147, 148, 149, 341, 504, 506, 324, 307, 302 of the Indian Penal Code.
3. As per the prosecution case, when the informant was going to plough his land, all the FIR named accused persons came variously armed. It is stated that Anjay Singh struck the informant's uncle Akhilesh Singh on his head with a garasa. The petitioner Vinay Kumar assaulted on the shoulder of Abhay Kant with Garasa and
Patna High Court CR. MISC. No.86263 of 2023(2) dt.22-01-2024 2/3 Ramashish Singh also assaulted on the leg of Kamlesh Singh causing serious injuries. It is further stated that all the accused persons started to assault with sword, spear etc. The FIR has been lodged against 9 known accused persons and against 20-30 unknown persons.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. Both the parties are next door neighbour. Allegation against the petitioner is that he assaulted on the shoulder of Abhay Kant with Garasa but the injury report shows that the injured sustained lacerated wound on the left shoulder which does not corroborate the allegation against the petitioner. He further submits that petitioner has one criminal antecedent in which he is on bail. The petitioner is in custody since 14.08.2022. Charge sheet has already been submitted and there is no chance of absconding or tempering with the evidence. Similarly situated co-accused Tapeshwar Yadav has already been granted bail by coordinate Bench of this Court vide order dated 18.01.2024 in Cr Misc No. 1219 of 2024.
Patna High Court CR. MISC. No.86263 of 2023(2) dt.22-01-2024 3/3
5. Learned APP for the State and learned cousnel for the informant opposes the prayer for bail.
6. Considering the facts and circumstances of the case and submissions of the parties, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs, 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Khudwan P.S.Case No. 77 of 2023.
(Sunil Dutta Mishra, J) N.K/- U T