Binod Nonia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24247 of 2017 Arising Out of PS.Case No. -505 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== Binod Nonia, Son of Surendra Nonia, resident of Ajwan, P.S. - Naubatpur, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 505 of 2014, registered under Sections 147, 148, 149, 323, 324, 307, 302, 379 and 436 of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was refused twice lastly on 11.04.2016 vide Criminal Miscellaneous No. 13630 of 2016. Further submission is that it would appear from the F.I.R. that specific allegation against the petitioner is that he caused injury through rod, whereas specific allegation against co-accused Balu Nonia is to cause injury through Fasuli to the head of the deceased. But in the Post-mortem report no any injury was found

Patna High Court Cr.Misc. No.24247 of 2017 (2) dt.28-06-2017 2/2 caused by hard and blunt substance rather the injury was found at the head of the deceased caused by sharp cutting weapon, which would appear from the Post-mortem report Annexure-2 of the supplementary affidavit. The petitioner has no criminal antecedent is in custody since 05.12.2015.

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 the ACJM, Danapur in connection with Naubatpur P.S. Case No. 505 of 2014.

(Rajendra Kumar Mishra, J) manish/- U T