Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29853 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== VISHAL KUMAR Indradeo Dash @ Indradev Das Resident of VillageBasatpur Bara Tola, P.S.-Muffasil Motihari, Distt.-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr. Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 504, 324, 326, 307, 354 and 354(D) of the Indian Penal Code. Prosecution case in short is that the petitioner having knives in both hands, entered the mall named and styled as Mega Value in which the informant is a cashier. It is further alleged that the petitioner attacked one Sahab Kumar, an employee of mall and gave

Patna High Court CR. MISC. No.29853 of 2020(2) dt.12-11-2020 2/2 three knife blows on his back. The petitioner was caught and handed over to the police.

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 has been falsely implicated in the present case. The petitioner is in custody since 19-01-2020. Charge sheet/Prosecution report in this case has already been submitted. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. 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 of the case, 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, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 32 of 2020.

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