Patna High CourtCR. MISC./16414/2019bail granted

Ram Shresth Thakur v. The State Of Bihar

2019-04-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16414 of 2019 Arising Out of PS. Case No.-255 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== RAM SHRESTH THAKUR Son of Paltu Thakur, Resident of VillageMalikana, Brahmpuri, P.S.- Bathnaha, District- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2019 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, 324, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.

The prosecution case in short is that while the informant was digging the earth in front of her house for construction of wall, the accused persons variously armed came and assaulted her due to which she sustained injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.1.2019 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 has falsely been

Patna High Court CR. MISC. No.16414 of 2019(3) dt.29-04-2019 2/2 implicated in the present case. The nature of injury is said to be simple. 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 255 of 2018.

(Sudhir Singh, J) Pankaj/- U T