Pintu Kumar @ Pintu Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29128 of 2019 Arising Out of PS. Case No.-632 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== PINTU KUMAR @ PINTU KUMAR THAKUR Son of Sri Prasad Thakur R/o Village- Madarganj Ward No. 15, P.S.- Simraha, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Forbesganj (Simraha) P.S. Case No. 632 of 2018, instituted for the offence under Section(s) 341, 323, 324, 302 and 504/34 of the Indian Penal Code.
It is alleged in the written report that while informant along with his brother namely, Santosh Thakur after closing his saloon was returning, two unknown persons stopped the Motorcycle and assaulted brother of the informant, causing injury to him. When he went to save his brother, he was also assaulted by the accused persons. The informant any how managed to run away and called 8-10 persons on the place of occurrence who found brother of the informant injured.
Patna High Court CR. MISC. No.29128 of 2019(2) dt.07-05-2019 2/3 Thereafter, he was taken to Hospital where he was declared dead. The Police during investigation has made the informant of this Case as accused.
Counsel for the petitioner submits that petitioner has clean antecedent. He has put the law in motion, but Police subsequently without doing proper investigation, has made the informant as accused. He further submits that deceased is own brother of the petitioner, for which, he has lodged Fard-ebeyan. Counsel for the petitioner further submits that other coaccused persons have already been granted bail by coordinate Benches of this Court vide orders dated 29.03.2019, 13.2.2019 and 5.4.2019 passed in Cr. Misc. Nos. 18390 of 2019, 6571 of 2019 and 21529 of 2019 respectively.
Petitioner is in custody since 29.9.2018 having clean antecedent.
Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj (Simraha) P.S. Case No. 632 of 2018, subject to the condition that both the
Patna High Court CR. MISC. No.29128 of 2019(2) dt.07-05-2019 3/3 bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T