← Library
Patna High CourtCR. MISC./15459/2020bail granted

Abhishek Kumar v. The State Of Bihar

2020-06-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15459 of 2020 Arising Out of PS. Case No.-396 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== Abhishek Kumar Son of Arbind Kumar @ Sakal Sahni Resident of Village - Charkoriya, P.S.- Kudhani (Turki O.P.), Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh, Adv.

For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Kudhani (Turki O.P.) P.S. Case no. 396 of 2018 registered for offence under sections 394 and 302 of the Indian Penal Code.

As per allegation in the F.I.R., while the petitioner was returning along with his wife who was in family way on his motorcycle, three accused persons stopped them and one of them assaulted the informant with a knife injuring him on his hand. The informant was abused and both of them were beaten up and injured. They took away the golden chain of the informant's wife. She was taken for treatment but died on way to the hospital.

Patna High Court CR. MISC. No.15459 of 2020(3) dt.02-06-2020 2/2 It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown and the petitioner was implicated on the basis of his confessional statement in another case. He has not been put on T.I. Parade and charge sheet has been submitted in the case. The petitioner is in custody since 14.10.2019.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the chargesheet has been submitted and the petitioner has not been put on T.I. Parade, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kudhani (Turki O.P.) P.S. Case no. 396 of 2018 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 3rd , West, Muzaffarpur. (Partha Sarthy, J) Bibhash/- U T