Bhikhari Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20687 of 2019 Arising Out of PS. Case No.-401 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== BHIKHARI GADDI Son of Azim Gaddi Resident of Village - Bairiya Gadiyani Tola, P.S.- Bairiya, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2019 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, 325, 324, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.

The prosecution case in short is that the accused persons came to the house of the informant and started abusing him and on protest, he was assaulted by them due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is alleged to have

Patna High Court CR. MISC. No.20687 of 2019(3) dt.30-04-2019 2/2 given an axe blow on the head of the Supriya Suman. The said injury is simple in nature. There is no repetition. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate.

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 Sri S.D. Bharti, A.C.J.M.-VII, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 401/2018. (Sudhir Singh, J) Pankaj/- U T