Kalu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5030 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Kalu Mishra Son Of Shri Kailash Jha @ Kailash Mishra R/O MohallaKushwaha Tola, Sirsi, P.S.- Katihar Mufassil, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard both parties.

The petitioner seeks bail in Katihar Muffasil P.S. Case No. 63 of 2021, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, co-accused Saurabh Thakur called the father of informant at Sirsa Petrol pump, when his father went there all the FIR named accused persons including this petitioner brutally assaulted him due to which he died.

It is submitted on behalf of the petitioner that informant is not eye-witness of the occurrence. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been raised against this petitioner. Petitioner claims clean antecedent and he is in

Patna High Court CR. MISC. No.5030 of 2022(2) dt.04-04-2022 2/2 custody since 01.10.2021 Considering the facts and circumstances of the case, the petitioner above-named, 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 Chief Judicial Magistrate, Katihar in connection with Katihar Muffasil P.S. Case No. 63 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T