Patna High CourtCR. MISC./5278/2019bail granted

Shivnath Kumar v. The State Of Bihar

2019-01-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5278 of 2019 Arising Out of PS. Case No.-74 Year-2018 Thana- BELSAND District- Sitamarhi ====================================================== Shivnath Kumar, Son of Ramlal Thakur, Resident of Village - Pandrahi, Police Station - Belsand, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Belsand P.S. Case No.74 of 2018 for the offences punishable under Sections 341, 307, 504, 506/34 of the Indian Penal Code and subsequently added 302 of Indian Penal Code and 27 of the Arms Act.

The allegation is regarding the mother of the informant coming from her newly constructed house when on the way, the accused persons surrounded her and on the order of Munnu Kumar, the co-accused Nanu Kumar fired upon her back resulting in injury to her. The other accused persons are stated to have assaulted the mother of the informant by kicks and legs. The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.5278 of 2019(2) dt.30-01-2019 2/2 the petitioner has been falsely implicated in the present case. It is further submitted that no specific allegation has been levelled against the petitioner regarding assaulting the mother of the informant whereas the main allegation is against the co-accused, Munnu Kumar. Petitioner is stated to be having a clean antecedent and is languishing in custody since 16.08.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Belsand P.S. Case No.74 of 2018. (Mohit Kumar Shah, J) sanjeev/- U T