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2025 DAILYLAW 89419 (PAT)

Bablu Kumar v. The State of Bihar

CR. MISC./89950/2024 · 2025-01-08

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89950 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== Bablu Kumar Son of Rajkumar Das Resident of Village- Koiriya Nizamat, PS- Paru, Distt.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Patel For the Opposite Party/s : Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Paru P.S. Case No. 38/2024 dated 06.02.2024 registered for the offence punishable u/s 341, 323, 308, 379, 354, 504 and 506 read with Section 34 of the Indian Penal Code. 3. As per the prosecution case, the petitioner and the co-accused persons holding weapons came to the house of the informant and started abusing the informant's elder brother. When the informant's elder brother came out and inquired, the petitioner assaulted on the head of the informant's elder brother with the butt of the pistol and the co-accused, Raj Kumar Das Patna High Court CR. MISC. No.89950 of 2024(2) dt.08-01-2025 2/3 assaulted him with farsa. When the informant and his father went to rescue, the co-accused Munna Kumar assaulted on the eye of the informant's father with iron rod and on the head of the informant. When the informant's bhabhi came to rescue, the co- accused persons, namely, Radhika Devi, Nishu Devi and Renu Devi assaulted her with lathi. In the meantime, the co-accused Nishu Devi snatched mangalsutra of the informant's bhabhi and the petitioner snatched gold chain from the informant. Further, the injured were taken to the hospital for treatment. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. There is a case and counter case. As per the Injury Report, the Injury No. 1 and 2 are caused by sharp cut object and the Injury No. 3 is caused by hard and blunt substance and the nature of Injury No. 3 is simple whereas the Injury No. 1 and 2 are reserved for MLC Report. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.09.2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- Patna High Court CR. MISC. No.89950 of 2024(2) dt.08-01-2025 3/3 named, 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, (West) Muzaffarpur in connection with Paru P.S. Case No. 38/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T