Patna High CourtCR. MISC./27962/2019bail granted

Binay Kurmi v. The State Of Bihar

2019-04-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27962 of 2019 Arising Out of PS. Case No.-454 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== BINAY KURMI Son of Raj Kishor Prasad R/O Village- Naini Vashya Toly, P.S.- Chhapra, Muffasil, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi Mr. Himanshu Ranjan For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2019 Heard both sides.

The petitioner apprehends his arrest in Chapra(Muffasil) P.S. Case No.454 of 2018 registered under Section 307 and other Sections of the Indian Penal Code. The informant named five persons and 5-6 unknown persons in the F.I.R. including the petitioner and alleged that they all indiscriminately assaulted him. The informant made specific allegation against Abhay @ Bhanu Singh. Abhay @ Bhanu Singh assaulted him with knife and Sandeep Kumar Singh and Rocky Singh tied rope around his neck. It is submitted that Sandeep Kumar Singh and Abhay @ Bhanu Singh have been granted anticipatory bail by order passed in Cr. Misc. Nos.11247 of 2019 and 19524 of 2019. The case of the

Patna High Court CR. MISC. No.27962 of 2019(2) dt.30-04-2019 2/2 petitioner stands on better footing as no specific allegation is made against the petitioner.

Taking into consideration the fact that accused persons namely, Bhanu Singh who is alleged to assault the informant with knife and Sandeep Kumar Singh who is alleged to have tied rope around the neck of the informant have already been granted bail but no specific allegation is made against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra(Muffasil) P.S. Case No.454 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T