Patna High CourtCR. MISC./3578/2024bail granted

Deepak Kumar @ Deepak Kumar Mandal v. The State Of Bihar

2024-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3578 of 2024 Arising Out of PS. Case No.-1244 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Deepak Kumar @ Deepak Kumar Mandal S/O Brahmdeo Mandal R/O Village- Kodwar, P.S- Ghogha, Distt.- Bhagalpur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kahalgaon (Ghogha) P.S. Case No. 1244 of 2022, instituted for the offences punishable under Sections 147, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, petitioner has assaulted the informant on his head by means of iron rod due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case merely on suspicion. Charge-sheet has already been submitted in this case. It is also submitted that the nature of

Patna High Court CR. MISC. No.3578 of 2024(2) dt.29-01-2024 2/2 injury is simple in nature. There is a delay of 10 days in lodging the F.I.R. The petitioner is languishing in judicial custody since 04.09.2023 and has one criminal antecedent as has been stated in paragraph no. 3 of the present bail application.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kahalgaon (Ghogha) P.S. Case No. 1244 of 2022.

(Rudra Prakash Mishra, J) Rajorshi/- U T