Patna High CourtCR. MISC./86663/2023allowed

Sanjeev Kumar Pathak v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86663 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Sanjeev Kumar Pathak S/o - Trilok Pathak R/o - Village- Nirpur Mujauna, P.sKarpoorigram, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Upadhyay For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

3. As per FIR, it is a case of assault by the petitioner along with other co-accused persons due to which, the informant sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. He submitted that from the perusal of the Injury report of informant, it appears that all the injuries are

Patna High Court CR. MISC. No.86663 of 2023(2) dt.12-01-2024 2/2 simple in nature as opined by doctor. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.10.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur in connection with Karpurigram P.S. Case No. 42 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T