Baliram Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5841 of 2020 Arising Out of PS. Case No.-18 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== Baliram Prasad, Son of Late Ram Prit Bhagat Resident of Village-Gheghwa, P.S.-Madhuban, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sri Krishna Ranjan For the Opposite Party/s :

Mr.Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 325, 307, 154(B), 379, 504 and 506/34 of the Indian Penal Code.

The prosecution allegation is that the accused persons assaulted the informant due to which he sustained injury. The earlier bail application of the petitioner was rejected by this Court vide Annexure-1 to this application with an observation 'at this stage'. In pursuance to the said observation, the petitioner has filed the present application. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.04.2019 and has got no criminal antecedent. There is no allegation of tampering of

Patna High Court CR. MISC. No.5841 of 2020(2) dt.29-01-2020 2/2 witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has already remained in custody for more than nine months. There is no chance of trial being concluded in near future. Single farsa blow is alleged to have been given. There is no allegation of repetition made by the petitioner. Hence, no offence under section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-4, Motihari, East Champaran in connection with Madhuban P.S. Case No. 18 of 2019.

(Sudhir Singh, J) Pankaj/- U T