Jai Govind Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23388 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- LAURIA District- West Champaran ====================================================== Jai Govind Kushwaha Son of Shivnath Kushwaha, Resident of VillageSauraha, P.S-Lauriya, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-05-2019 Counsel for the petitioner is permitted to make necessary correction in paragraph-1 of the application in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 324, 326, 307, 504/34 of the Indian Penal Code and charge sheet was submitted under Section 302 & other allied sections of the Indian Penal Code.

The prosecution case in brief is that due to previous enmity, the accused persons having come at the door, assaulted the informant, his son and daughter in law. The informant and his son sustained injuries. Later on, in course of treatment, the informant's son died. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No. 23388 of 2019(4) dt.09-05-2019 2/2 is in custody since 04-02-2019. Charge sheet has already been submitted. It is submitted that as per the informant, the petitioner is also alleged to have given iron rod blow upon the informant/deceased. In course of investigation, number of witnesses were examined and statements were recorded at paragraphs-5, 6 & 7 of the case diary. The said witnesses though claimed themselves to be eye witnesses, but have not named the petitioner in respect of participation in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 Additional Chief Judicial Magistrate-Ist, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 42 of 2019.

(Sudhir Singh, J) A.K.V.//- U T