Futu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19297 of 2016 Arising Out of PS.Case No. -294 Year- 2014 Thana -TEKARI District- GAYA ====================================================== Futu Kumar, son of Anil Sharma, resident of village- Purna, Police StationTekari, District- Gaya. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Tekari P.S. Case No. 294 of 2014, registered under Section 147, 148, 149, 341, 323, 325, 307, 302 and 504 of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act.
The accusation is that in course of returning of father of the informant, after filing the nomination paper for PACS Election, in the way, seven persons named in the F.I.R., including the petitioner caught hold him and assaulted him through fists, slaps, sticks and also from butt of the country made pistol in which he sustained injuries and died. Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant is not the eye-
Patna High Court Cr.Misc. No.19297 of 2016 (2) dt.05-05-2016 2/2 witness of the occurrence. Further submission is that there is general and omnibus allegation against the petitioner to cause injury through fists, slaps, stick and butt of the pistol. Further submission is that similarly situated co-accused Chhote Sharma @ Chotu Sharma @ Gautam and Uday Shankar Sharma @ Uday Sharma @ Uday Giri and Satyendra Sharma have already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 01.12.2015 passed in Criminal Misc. No. 43803 of 2015 and 13.01.2016 passed in Criminal Misc. No. 52712 of 2015, respectively.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Gunjan, Judicial Magistrate, 1st Class, Gaya in connection with Tekari P.S. Case No. 294 of 2014. (Rajendra Kumar Mishra, J) manish/- U T