Shyam Babu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87158 of 2024 Arising Out of PS. Case No.-127 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== Shyam Babu Kumar Son of Suresh Rai Resident of Village - Chamtha Patwar Ward No.- 10, P.S. - Bacchwara, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Meena Singh, APP For the O.P. No. 2 :
Mr. Rahul Singh, Advocate Mr. Amar Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bacchwara P.S. Case No. 127/2020 dated 23.06.2020 registered for the offence punishable u/s 147, 148, 149, 323, 307, 379, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons holding lathi, danda and gun came to the house of the informant and the petitioner and the co-accused persons dragged the informant's husband from his house to the road and other co-accused persons entered the house of the
Patna High Court CR. MISC. No.87158 of 2024(2) dt.02-04-2025 2/3 informant and looted articles and Rs. 25,000/- in cash. They also snatched silver chain from the neck of the informant, in the meantime, on the order of the co-accused Deepak Kumar, Lal Babu Kumar, the petitioner assaulted the informant's husband with an iron rod on the head, causing injury. The accused persons also assaulted the devar of the informant and snatched golden locket of Hanuman Ji from the neck of the informant's devar.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is a case and counter case between the parties. The other co-accused person has already been granted anticipatory bail by the Co-ordinate Bench of this court vide order dated 26.11.2021 passed in Cr. Misc. No. 18619/2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.10.2024.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner. The specific allegation of assault is against the petitioner. As per the injury report, the injury is
Patna High Court CR. MISC. No.87158 of 2024(2) dt.02-04-2025 3/3 grievous in nature.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Bacchwara P.S. Case No. 127/2020.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T