Prabhat Kumar @ Chuhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43308 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -BIRUPUR District- LAKHISARAI ======================================================

1. Prabhat Kumar @ Chuhwa S/o Sri Kaushal Singh, Resident of VillageSharma Tal, P.S. Birupur, District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Jiban Pd. Singh For the Opposite Party/s : Mr. Khurshid Anwar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2016 Heard both sides.

The petitioner seeks bail in Birupur P.S. case No. 15 of 2016 under Section 307, 385, 387 and other Sections of the Indian Penal Code.

The informant alleged that while he was erecting mobile tower many accused persons came and assaulted the informant and others with sticks. Firing was also made. The learned counsel for the petitioner submits that petitioner is not named in the FIR. Similarly situated other accused persons have already been enlarged on bail. The petitioner has already been granted bail in Birupur P.S. case No. 26 of 2012. It is submitted that during the course of investigation witnesses have disclosed the name of the petitioner, along with other accused

Patna High Court Cr.Misc. No.43308 of 2016 (3) dt.15-12-2016 2/2 persons, but no specific allegation is made. The petitioner is in jail since 30.06.2016.

Considering the facts aforesaid and the fact that petitioner has already remained in jail for more than five and half months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Lakhisarai in Birupur P.S. Case No. 15 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T