Sunil Kumar @ Sunil Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29863 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Sunil Kumar @ Sunil Kumar Das S/o Mohan Das R/o village- Kathadih, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 149, 341, 307, 354, 379, 504, 323 of the Indian Penal Code.

The prosecution case in short is that while the informant was laying out to construct house in his land, the accused persons including the petitioner came there and started abusing the informant with Farsa, as a result of which, injury was sustained by the informant.

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 08-02-2019. Charge sheet has

Patna High Court CR. MISC. No.29863 of 2019(3) dt.20-06-2019 2/2 already been submitted. The petitioner has been falsely implicated in the present case. Single Farsa blow is alleged to have been given. No repetition of blow has been made. As per injury report, the injury is said to be simple in nature, caused by hard and blunt substance whereas the allegation of assault is with Farsa. The injury report does not support the allegation made in the FIR.

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, 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 Additional Chief Judicial Magistrate-Xth Gaya in connection with Fatehpur P.S. Case No. 215 of 2018.

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