Patna High CourtCR. MISC./38112/2016bail granted

Bipul Kumar v. The State Of Bihar

2016-09-26Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.38112 of 2016 (2) dt.26-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38112 of 2016 Arising Out of PS.Case No. -182 Year- 2016 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Bipul Kumar, Son of Jai Kishun Mahto, R/o Village- Bangari, P.S.- Kanti, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kanti P.S. Case No. 182 of 2016 registered for the offences punishable under Sections 147, 341, 323, 307, 302 and 504 of the Indian Penal Code.

The petitioner and others is said to have assaulted the informant's husband who died in S.K.M.C.H., Muzaffarpur, but the post mortem report of the deceased goes to show that no any ante mortem injury was found on the person of the deceased and the doctor has found the cause of death due to disease of lung, liver and heart and on this ground one of co-accused Laxmi Devi has been allowed bail by another co-ordinate Bench of this Court vide order dated 18.08.2016 passed in Cr. Misc. No. 33731 of 2016.

Patna High Court Cr.Misc. No.38112 of 2016 (2) dt.26-09-2016 Learned APP fairly submits that co-accused Laxmi Devi has been allowed bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Kanti P.S. Case No. 182 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T