Susil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10501 of 2020 Arising Out of PS. Case No.-142 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Susil Kumar, aged about 30 years, (Male), Son of Nirmal Prasad Resident of Village - Alipur, P.S.- Arrah Muffasil, District - Bhojpur 2.

Chotu Kumar @ Chotu Prasad, aged about 25 years, Male, Son of Nirmal Prasad Resident of Village - Alipur, P.S.- Arrah Muffasil, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2020 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Mr. Aditya Narayan Singh, No.1, APP. In this case, the petitioners are seeking bail in connection with Arrah Muffasil Bazar P.S. Case No. 142 of 2019 registered for offences under sections 147, 148, 341, 324, 326, 302 of the Indian Penal Code.

As per allegation made in the F.I.R., on 6.5.2019 at about 7 PM some of the Patidars entered into the house of the elder brother of the Informant namely Tripurari Prasad and started to assault him indiscriminately by different weapons and,

Patna High Court CR. MISC. No.10501 of 2020(7) dt.06-10-2020 2/3 thereby, caused serious injury upon the victim Tripurari Prasad who was taken to the Sadar Hospital and, thereafter, referred to P.M.C.H. where he died on 7.7.2019.

The name of the petitioners have been shown to be involved in the commission of the alleged offence. Learned counsel for the petitioners submits that there is no specific allegation against the petitioners except entering into the house of the deceased Tripurari Prasad and started assaulting by different weapons. He further submits that another co-accused namely Nirmal Prasad has been granted bail by this Court vide order dated 19.11.2019 passed in Cr. Misc. No. 71707 of 2019.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Arrah in connection with Arrah Muffasil P.S. Case No. 142 of 2019, subject to the condition that one of the bailors shall be a close relative of the petitioners and the petitioners would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the

Patna High Court CR. MISC. No.10501 of 2020(7) dt.06-10-2020 3/3 order, including cancellation of bail bonds.

(Shivaji Pandey, J) rishi/- U T