Birendra Prasad @ Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46572 of 2021 Arising Out of PS. Case No.-44 Year-2021 Thana- SAKURABAD District- Jehanabad ====================================================== Birendra Prasad @ Birendra Kumar S/O Chandradip Singh R/O VillageDaroga Bigha, P.S-Shakurabad, District-Jehanabad. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh For the Opposite Party/s :
Mr. Akhileshwar Dayal Mr. Amresh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State through video conferencing.
The petitioner seeks bail in connection with Shakurabad P. S. Case No.44 of 2021, instituted for the offences under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 06.05.2021and charge-sheet has been submitted in the case and has an antecedent of one case. Allegation is of assaulting the informant by lathi on his right hand resulting in fracture.
The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.46572 of 2021(2) dt.06-01-2022 2/2 there was a fight between the side of the informant and the petitioner in which both sides received injuries and the assault is not alleged to be on the vital part of the body. As far as assault on head of the informant is concerned, the same is alleged against Vijay Kumar.
The learned counsel for the informant as well as learned A.P.P. for the State opposed the bail application. Considering the fact that the petitioner is in custody since 06.05.2021and charge-sheet has been submitted in the case and allegation of assault on non-vital part of the body, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Md. Zeeshen Chand, learned J. M. 1st Class, Jehanabad in connection with Shakurabad P. S. Case No.44 of 2021.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T