Patna High CourtCR. MISC./39701/2017bail granted

Uttam Patel v. The State Of Bihar

2017-08-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39701 of 2017 Arising Out of PS.Case No. -623 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Uttam Patel, son of Chhatis Patel, resident of village Sikathi, P.S. Bhabua, District Kaimur (Bhabua). .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhabua P.S. Case No. 623 of 2016 registered under Section 302 & 201/34 of the Indian Penal Code.

As per the prosecution case, seven accused persons including the petitioner are said to have indiscriminately assaulted the brother of the informant by means of iron rod and lathi on way to his house resulting into his death.

It is submitted by learned counsel for the petitioner that the allegation against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case due to village politics. Seven cases are pending against the petitioner but he is on bail in all the cases.

Patna High Court Cr.Misc. No.39701 of 2017 (02) dt.19-08-2017 -2Similarly situated accused persons, namely, Mannu Pandey and Nilesh Patel alias Nilesh Kumar have been granted bail by coordinate Benches of this Court in Cr. Misc. No.20477 of 2017 and Cr. Misc. No.30990 of 2017 vide order dated 20.06.2017 and 06.07.2017 respectively. The petitioner has been languishing in custody since 02.11.2016.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 learned Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Bhabua P.S. Case No.623 of 2016.

(Prakash Chandra Jaiswal, J) Trivedi/- U T