Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15379 of 2023 Arising Out of PS. Case No.-6 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== SURAJ KUMAR Son of Sona Prasad @ Sone Lal Resident of VillageMadhopur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 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, 354(A), 354(B), 302/34 of the Indian Penal Code and 27 of Arms Act.

Prosecution allegation, in short, is that while the informant along with family members was sleeping in their tent, the accused persons entered into their tents and misbehaved with family members and on protest assaulted them. The informant raised hulla on which accused persons started fleeing away and in course of fleeing hit the mother of the informant due to which she died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.01.2021. Charge-

Patna High Court CR. MISC. No.15379 of 2023(2) dt.01-05-2023 2/2 sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. General and omnibus allegation has been made against the petitioner. No overt act of assault is alleged against the petitioner. There is no chance of trial being concluded in near future.

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 Court below /concerned Court in connection with S.T. No. 395/22, arising out of Bakhtiarpur P.S. Case No. 06/21. (Sudhir Singh, J) Pankaj/- U T