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Patna High CourtCR. MISC./18149/2019bail granted

Ankaj Kumar v. The State Of Bihar

2019-04-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18149 of 2019 Arising Out of PS. Case No.-623 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== ANKAJ KUMAR Son of Mathura Prasad Resident of Village - Ganguar, P.S.- Barachatti, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam For the informant :

Mr. Ajay Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2019 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 147, 148, 149, 341, 323, 307, 354, 379, 427, 504, 504 of the Indian Penal Code.

The prosecution case in short is that the accused persons, variously armed, assaulted the brother of the informant while he was working in the field and when the informant protested, he was also assaulted by them.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.12.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case.

Patna High Court CR. MISC. No.18149 of 2019(3) dt.30-04-2019 2/2 The petitioner has falsely been implicated in the present case. As per the injury report, all the injuries are simple in nature. 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 A.C.J.M. Sherghati, Gaya in connection with Barachatti P.S. Case No. 623 of 2018.

(Sudhir Singh, J) Pankaj/- U T