Suraj Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.42183 of 2015 (3) dt.04-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42183 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Suraj Kumar S/o Umakant Kumar Resident of village + P.O. Logai, Police Station - Amarpur, District - Banka .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ajay Mukherjee For the Opposite Party : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2015 Heard the counsel for the petitioner and counsel for the State.
The petitioner is languishing in jail since 26.03.2015 in a case instituted under Sections 147, 148, 149, 324, 326, 307 and 302 of the Indian Penal Code.
As per prosecution case, when the informant and his relative Chandan Choudhary was going to temple for worship, all the accused persons attacked on them. It is further alleged that the co-accused Ranjan Kumar inflicted sickle blow on the neck of Chandan Kumar with intention to kill him who sustained injury and fell down and also sustained bleeding injury on his neck. The informant fled away raising alarm on which the inmates of the house and nearby persons rushed there and then the accused
Patna High Court Cr.Misc. No.42183 of 2015 (3) dt.04-11-2015 persons fled away. The injured Chandan Kumar was brought to hospital where the doctor declared him to be dead. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.03.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. As per the FIR, petitioner is said to have caused injury to the informant. There is no allegation of causing any injury to the deceased. Petitioner has falsely been implicated in the present case due to village politics. On behalf of the State, it has been submitted that the petitioner is not named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioner 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 CJM, Banka in connection with Amarpur P.S.Case No.91 of 2015. (Sudhir Singh, J) B.Kr./- U T