Patna High CourtCR. MISC./61165/2017bail granted

Jangali Sao v. The State Of Bihar

2017-12-19Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61165 of 2017 Arising Out of PS.Case No. -479 Year- 2017 Thana -BARBIGHA District- SEKHPURA ====================================================== Jangali Sao S/o Late Surju Sao, R/o Village- Gola Par, P.S.- Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ajay Thakur, Advocate For the State :

Mr. Ajay Kumar, APP For the Informant :

Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Barbigha (Misan O.P.) P.S. Case No.479 of 2017, registered under Sections 302/34 of the Indian Penal Code. Allegation in brief is that the petitioner's son had given iron rod blow over the head of the informant's father thereafter the petitioner and others assaulted with brick on his chest and other parts of the body.

Learned counsel for the petitioner submits that due to the passage dispute, the petitioner has falsely been implicated, the specific allegation is against Gopal Kumar, the son of the petitioner, and the allegation against this petitioner is of assaulting

Patna High Court Cr.Misc. No.61165 of 2017 (2) dt.19-12-2017 2 /2 with brick on the chest and other parts of the body but the postmortem report shows that the head injury is the fatal injury but no corresponding injury on the chest. Petitioner is in custody since 09.10.2017.

Having considered the fact that the allegation of assault by iron rod is against Gopal Kumar, the son of the petitioner, let petitioner, Jangali Sao, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura in connection with Barbigha (Misan O.P.) P.S. Case No.479 of 2017.

(Arun Kumar, J.) S.Kumar/- U T