Sumit Kumar @ Sumit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5726 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Sumit Kumar @ Sumit Yadav, aged about 22 yeas, Male, S/O Banbari Yadav @ Banwari Yadav @ Shankar Yadav R/O Village- Naya Tola Agarpur, P.SLodipur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mulo Devi, aged about 41 years, Female, W/O Naro Yadav, R/O VillageNaya Tola Agarpur, P.S- Lodipur, Distt.- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Complaint Case No. 178 of 2023 for the offence punishable under Sections 406, 420, 379, 354(B), 467, 468, 326, 120(B) and 34 of the Indian Penal Code.

It is a case of assault on the complainant along with family members by the petitioner and other accused persons. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of complaint, no such type of injury as reflected on the impugned

Patna High Court CR. MISC. No.5726 of 2024(2) dt.09-02-2024 2/2 order dated 01.11.2023 to direct the offence under Section 326 of the IPC. He further submits that there is land dispute between the parties and petitioner is in judicial custody since 11.09.2023. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Bhagalpur in connection with Complaint Case No. 178 of 2023.

However, the court below is directed to conclude the framing of the charge according to law within a period of one month from the date of receipt of this order. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T