Raju Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18657 of 2015 Arising Out of PS.Case No. -202 Year- 2012 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Raju Kumar Patel, S/o Banshi Rai Patel, Resident of village- Birpur, P.S. Kanti, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Rajendra Singh Shastry (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is languishing in jail custody since 25.5.2012 in connection with Town (Muzaffarpur) P.S. Case No.202/12 (S.Tr.No.621/12 for the offences alleged under Sections 224, 511, 341, 323, 325, 353, 307, 34 of the I.P.C. The prosecution case, in short, is that on 21.4.2012 at 0.52 the informant Hawaldar Md. Sadruddin carried accused of Brahampura P.S.Case No.217/11, namely, Pradeep Kumar and accused of Meenapur P.S.Case No.40/12 (the petitioner) in the court of District and Sessions Judge and when he was returning alongwith both the accused persons wanted to ease out and when they were brought in urinal situated at New Building of court they
Patna High Court Cr.Misc. No.18657 of 2015 (3) dt.26-08-2015 2/3 started to beat him and after falling down they climbed on his chest and on the cry of the informant some people assembled there and both the accused persons were caught by the people. He further alleged that they wanted to kill him and they succeeded in fleeing away. He was admitted in Sadar Hospital, where his treatment is going on.
It has been submitted on behalf of the petitioner that he is innocent and he was beaten badly and was sent back to jail without examining his injury. It has further been stated that although the charges have been framed but none of the witnesses has been examined up till now.
Under similar circumstance, Coordinate Bench of this Court had extended privilege of bail to other co-accused, Pradeep Kumar, vide order dated 13.3.2014 passed in Cr.Misc.52048/13. I do not propose to take a different view as the facts are same and similar.
Under such circumstances, let the petitioner, Raju Kumar Patel, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Ad hoc Addl. Sessions Judge-5th Muzaffarpur, in Sessions Trial No.621/12 arising out of Town (Muzaffarpur) P.S.Case No.202/12.
Patna High Court Cr.Misc. No.18657 of 2015 (3) dt.26-08-2015 3/3 It is made clear that since the petitioner is an accused in four other cases as is evident from paragraph no.3 of the application and if the petitioner indulges in such offence of the same nature, his bail bonds shall be liable to be cancelled by the court below.
(Nilu Agrawal, J) AnilKrSinha/- U T