Shambhu Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25690 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== Shambhu Baitha Son of Late Ram Prasad Baitha Resident of Mohalla - Saslempur, P.S.- Chapra Town, Distt - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Krishna Chandra, Advocate For the State :

Mr. Shailendra Kumar, APP For the Informant :

Mr. Basant Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 341, 323, 324, 326, 307, 427/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted the informant and his friends by means of knife, lathi, danda, due to which they sustained injuries. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.02.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case and counter case between the parties. Free fight is alleged to have

Patna High Court CR. MISC. No.25690 of 2019(3) dt.16-05-2019 2/2 taken place. Injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let 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 Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. case No.71 of 2019.

(Sudhir Singh, J) Narendra/- U T