Chandan Kumar @ Bitu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34646 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -PIRBAHOR District- PATNA ====================================================== Chandan Kumar @ Bitu Son of Upendra Singh, Resident of VillageThakur Bigaha, P.S.- Daudnagar, District: Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 427, 307 and 354/34 of the I.P.C.

The prosecution story, in brief, is that on the alleged date and time of occurrence the informant along with his colleague Rishitmani went to the shop of Photostat from the hostel of P.M.C.H., Patna for obtaining Photostat, where his classmates Payal Kumari and Sharda Kumari were also present for obtaining photo copy. In the said shop 5-6 persons, who were sitting from before, were teasing both the girls which was resisted by the informant. Then all of them including shopkeeper started assaulting the informant and his friend with hockey stick, iron rod

Patna High Court Cr.Misc. No.34646 of 2016 (3) dt.03-10-2016 2/2 and belts and were naming as Banti and Raj. Both of them became badly injured sustaining injury on various parts of body, who were treated at P.M.C.H.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.4.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. In course of investigation, his name has come. No specific injury has been attributed against the petitioner. On behalf of the State, it is submitted that the petitioner is not 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 bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. case No.76 of 2016.

(Sudhir Singh, J) Narendra/- U T