Kaju Kumar @ Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86650 of 2023 Arising Out of PS. Case No.-407 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Kaju Kumar @ Sanjeev Kumar S/O Ashok Sah R/O Village -Abjuganj Halt, Pan Dukan Gumti (Abjuganj),P.S-Sultanganj, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bijendra Kumar, Advocate For the State :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Sultanganj P.S. Case No. 407 of 2023 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 342 of the Indian Penal Code.
3.
As per prosecution case, it is alleged that 5-7 accused persons, including the petitioner, have assaulted the informant by means of Lathi, Danda, Legs, scuffle, as a result of which informant became unconscious.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-08-2023. Petitioner bears one criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.86650 of 2023(2) dt.19-01-2024 2/2 paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is also submitted that there is no specific allegation attributed to the petitioner. In fact, petitioner has become the victim of the circumstances. Charge-sheet has already been submitted in this case. It is further submitted by the petitioner's counsel that injury report in not on record.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and the fact that charge sheet has already been submitted, this Court is inclined to grant bail to the petitioner.
8.
Let the petitioner 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 Court below/concerned Court in connection with Sultanganj P.S. Case No. 407 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T