HIGH COURT OF PATNA
Mr. Justice Prabhat Kumar Singh
CHANDRA BHUSHAN KUMAR @ CHANDAR BHUSHAN KUMAR – Appellant
Versus
The State – Respondent
CR. MISC./41053/2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41053 of 2021
Arising Out of PS. Case No.-192 Year-2019 Thana- PARASBIGHA District- Jehanabad
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CHANDRA BHUSHAN KUMAR @ CHANDAR BHUSHAN KUMAR Son
of Late Yugeshwar Sharma Resident of Village - Basantpur, P.S.- Parasbigha,
P.O.- Shakurabad, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Pravin Kumar
For the Opposite Party/s :
Mr.Dilip Kumar No. 1
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4
15-04-2022
Heard learned counsel for the parties through video
conferencing.
Initially, the F.I.R. was lodged against unknown for
the offences punishable under Sections 147, 149, 343, 323, 302
of the Indian Penal Code, however; during course of
investigation, on the basis of statement of some witnesses, name
of petitioner and co-accused Rahul Kumar has surfaced that due
to stealing of the diesel by the deceased from the truck of
petitioner, the mob, including the petitioner and co-accused
Rahul Kumar, assaulted the deceased resulting his death.
It is submitted on behalf of petitioner that as a matter
of fact, the deceased was caught red-handed while stealing
diesel from the vehicle and thereafter, he was brutally assaulted
Patna High Court CR. MISC. No.41053 of 2021(4) dt.15-04-2022
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by nearby villagers, as a result of which, he became unconscious
and later on, died. There is no eye-witness to the alleged
occurrence and petitioner has been falsely implicated in this
case only on suspicion. Petitioner claims clean antecedent and
he is in custody since 05.04.2021. Chargesheet has already been
submitted.
Learned A.P.P. for the State has opposed the bail
petition.
Considering the aforesaid facts and circumstances, the
bail petition of petitioner is allowed. Let the above named
petitioner be released on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Jehanabad in
connection with Parasbigha P.S. Case No. 192 of 2019.
anay/-
(Prabhat Kumar Singh, J)
U
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