Patna High CourtCR. MISC./55529/2017bail granted

Raju Kumar v. The State Of Bihar

2018-01-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55529 of 2017 Arising Out of PS.Case No. -207 Year- 2016 Thana -HATHUA District- GOPALGANJ ======================================================

1. Raju Kumar S/o Bacha Singh, R/o Village- Matiharni Nain, P.S.- Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Hathuwa P.S. Case No. 207/2016 dated 04.12.2016 instituted for the offences under Sections 457, 380, 411, 458, 324, 307/34 of the Indian Penal Code.

It has been alleged by the informant that when he came back after attending a Barat, he saw that three miscreants were taking away his belongings kept in his house. On protest, one of the miscreants gave a knife blow to him. One of the accused persons was arrested at the spot with the help of the local people. The petitioner is stated to be the person who was arrested on the spot.

Mr. Raghav Prasad, learned counsel for the petitioner

Patna High Court Cr.Misc. No.55529 of 2017 (3) dt.10-01-2018 2/2 has submitted that if the petitioner was arrested on the spot, his name should have found mention in the column of the accused persons in the F.I.R. On the contrary, the F.I.R. is registered against unknown persons of village Turpatti. It has further been submitted that the petitioner, on being wrongly and mistakenly caught by the villagers, was badly assaulted, for which he had filed a case vide Hathwa P.S. Case No. 208/2016 dated 04.12.2016 instituted for the offences under Sections 341, 323, 325 and 34 of the Indian Penal Code (Annexure-2) The petitioner is in custody since 23.12.2016 Considering the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gopalganj in connection with Hathuwa P.S. Case No. 207/2016.

(Ashutosh Kumar, J.) Rakhi U T