Balo Das @ Balua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25278 of 2019 Arising Out of PS. Case No.-294 Year-2018 Thana- BIBHUTIPUR District- Samastipur ====================================================== Balo Das @ Balua Son of Mishri Das Resident of Village - Belsandi Tara Tole Phulwaria, P.S.- Vibhutipur, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 307, 323, 379, 458 of the Indian Penal Code. Allegation against the petitioner is of causing bleeding injuries to the father and brother of the informant. It is also alleged that two bags of wheat was stolen.
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 is in custody since 25-10-2018. Charge sheet has already been submitted. The petitioner has been made accused in the present case due to mistake of fact. He has remained in custody for more than 6 months. From Annexure-2 to the
Patna High Court CR. MISC. No.25278 of 2019(3) dt.14-05-2019 2/2 petition, it is evident that the petitioner is mentally ill. 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, Rosera, Samastipur in connection with Vibhutipur P.S. Case No. 294 of 2018. (Sudhir Singh, J) A.K.V.//- U T