Binod Kamat @ Binod v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 13897 of 2015 Arising out of P.S.Case No.-370 Year-2014 Thana-SUPAUL District-SUPAUL ======================================================
1. Md. Alam, Son of Md. Basir
2. Md. Basir, Son of Late Md. Sabdul, resident of village - Dehda, P.S. - Sonbarsa Raj, District - Saharsa .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No. 22636 of 2015 Arising out of P.S.Case No.-370 Year-2014 Thana-SUPAUL District-SUPAUL ====================================================== Binod Kamat @ Binod, S/o Kapleshware Kamat, Resident of Village At - Velahi, Ward No. 19, P.S. & District - Supaul .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 10-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.
These petitions are for grant of regular bail in a case under Sections 147, 148, 149, 323, 341, 324, 325, 307, 379, 380, 302 and 504 of the Indian Penal Code.
There is specific allegation against petitioner Md. Basir that he assaulted Md. Shamim on his head by means of Farsa as a result of which he sustained head injury. He also assaulted the mother of the informant on her eyes by means of Gupti as a result of which she became unconscious. Petitioner Md. Alam also assaulted the mother of the informant by means of
Patna High Court Cr.Misc. No.13897 of 2015 (4) dt.10-08-2015 Farsa on her arm and leg as a result of which she sustained injuries and died.
Learned counsel for the informant submits that two witnesses have already been examined.
Hence, I am not inclined to grant bail to the petitioners Md. Alam and Md. Basir of Cr. Misc. No. 13897 of 2015 in connection with Supaul P.S. Case No. 370 of 2014 pending in the Court of learned Additional Chief Judicial Magistrate, Supaul. Accordingly, prayer for bail of the petitioners is rejected. So far the petitioner Binod Kamat @ Binod of Cr. Misc. No. 22636 of 2015 is concerned, there is no specific overt act alleged against him though he is named amongst 21 persons. Hence, having regard to the facts and circumstances of the case, the petitioner Binod Kamat @ Binod is ordered to 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 Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 370 of 2014. Kundan/- (Gopal Prasad, J.) U