Patna High CourtCR. MISC./87019/2024bail granted

Krishna Sharma @ Krishna Kumar Vishwakarma v. The State Of Bihar

2024-12-20Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87019 of 2024 Arising Out of PS. Case No.-259 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Krishna Sharma @ Krishna Kumar Vishwakarma Son of Parmanand Sharma @ Parmanand Vishwakarma @ Parma Sharma Resident of Village - Vilarua, P.S. - Vijaipur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Vijaipur P.S. Case no. 259 of 2023 (Sessions Trial no. 104 of 2024) registered under sections 307, 341, 323, 504, 337, 338 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the nine named accused persons including the petitioner herein came and surrounded the informant and others. It is stated that the petitioner and one Sanjay Sharma assaulted the informant's brother leading to serious injuries. Further, others

Patna High Court CR. MISC. No.87019 of 2024(2) dt.20-12-2024 2/3 were also assaulted. It is lastly stated that Subhawati Devi was assaulted by the petitioner with a lathi as a result of which she sustained injuries on her nose and fell down unconscious.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 26.4.2024 passed in Cr. Misc. no. 5055 of 2024 (Annexure-P/1) giving liberty to the petitioner to renew his prayer for bail after six months or on framing of charge, whichever is later. Referring to Anneuxre-P/4 it is submitted that charge has been framed against the petitioner on 21.8.2024 and the petitioner has remained in custody since 23.8.2023.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the liberty granted to the petitioner in the earlier order of rejection dated 26.4.2024, charge having been framed against the petitioner in the learned trial Court and the petitioner having remained in custody for more than 1 year since 23.8.2023, the petitioner is directed to be enlarged on bail in connection with Vijaipur P.S. Case no. 259 of 2023 (Sessions Trial no. 104 of 2024) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.87019 of 2024(2) dt.20-12-2024 3/3 two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XIV, Gopalganj. (Partha Sarthy, J) avinash/- U T