Patna High CourtCR. MISC./8749/2015bail granted

Bambam Kumar @ Bambam v. The State Of Bihar

2015-03-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8749 of 2015 Arising Out of PS.Case No. -1013 Year- 2014 Thana -KHAZANIHAT District- PURNIA ====================================================== Bambam Kumar @ Bambam son of Rabindra Kumar Sinha @ Jhunjhun R/o Village- Korathbari, P.S.- K.Hat (Madhubani), District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the State : Mr. R.S.Choudhary(App) For the opposite party : Mr. Sanjay Singh : Mr. Praveen Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2015 Heard the learned counsel for the petitioner, the learned Addl. P.P and the learned counsel for the informant. The petitioner seeks bail in K Hat (Madhubani) P.S. Case No. 1013/2014 registered for the offence under Section 302 and other sections of the Indian Penal Code.

Md. Nasim alleged that Bambam and ten others were scuffling amongst each other and there was a free fight amongst them. Seeing the occurrence his brother Naushad went there to pacify, but the accused persons also assaulted Naushad, his wife and son. Naushad died on the spot.

The informant also alleged that one person while fleeing away fell down who disclosed his name as Amit Kumar.

Patna High Court Cr.Misc. No.8749 of 2015 (2) dt.26-03-2015 2/2 He also disclosed that a quarrel took place between Lallan and Bambam and they had come in favour of Lallan to assault Bambam.

Learned Counsel for the petitioner submits that there is no allegation of assault against the petitioner. The deceased got one fracture injury in his head and on account of such deceased died. The informant filed protest in which he named Amit Kumar, Mithilesh Sah, Lallan Kumar Chauhan, Bhashkar Thakur and Amar Kumar. The informant did not name the petitioner. Mithilesh Sah has already been enlarged on bail by this court vide order passed in Cr. Misc. 7531/2015.

Considering the facts aforesaid, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Madhubani) P.S. Case No. 1013/2014. (Prabhat Kumar Jha, J.) Vinita/- U T