Sujeet Kumar @ Sujit Kr. @ Tuddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46729 of 2015 Arising Out of PS.Case No. -55 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sujeet Kumar @ Sujit Kr. @ Tuddu, Son of Madhusudan Prasad, resident of Village & P.O. Pataura, Lala Tola, P.S. Motihari Mufassil District East Champaran.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Shankar Kumar, Advocate. For the State : Mr. Arun Kumar Singh-5(APP) For the Informant : Mr. Rakesh Ranjan, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 22-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the Informant.

The petitioner seeks bail in connection with Motihari Muffasil P.S. Case No.55 of 2014/G.R. No.759 of 2014 registered under Sections 302, 307, 341, 323, 324 and 120-B of the Indian Penal Code.

The accusation is that Madhusudan Prasad alongwith his sons, namely, Sujeet Kumar alias Sujit Kr. alias Tuddu (petitioner) and Ranjeet Kumar alias Guddu, reached at the door of the informant Vishwanath Pathak armed with lathi, Fatta and iron

Patna High Court Cr.Misc. No.46729 of 2015 (4) dt.22-02-2016 2/3 rod and started to assault to the informant and his son Aniket Raj. In that course, while Madhusudan Prasad caused injury to the informant through Fatta but the petitioner and his brother Ranjeet Kumar alias Guddu assaulted Aniket Raj, the son of the informant through iron rod, who became unconscious and fell down on the ground after sustaining injury and died in course of treatment in the hospital.

Learned counsel appearing on behalf of the petitioner submits that while there is general allegation against the petitioner and two others to cause injury to the informant and his son but there is specific allegation against the petitioner and Ranjeet Kumar alias Guddu to cause assault brutally to Aniket Raj through iron rod, due to which he became unconscious and fell down and later on, in course of treatment died in the hospital but only one injury was found on the head of the deceased. Further submission is that in this case, chargesheet has already been submitted. It is further submitted that besides one case, as detailed in paragraph-3 of the application, in which the petitioner is on bail, there is no criminal antecedent against the petitioner, who is in jail custody since 21.08.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on

Patna High Court Cr.Misc. No.46729 of 2015 (4) dt.22-02-2016 3/3 bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Muffasil P.S. Case No.55 of 2014/G.R. No.759 of 2014.

(Rajendra Kumar Mishra, J) P.S./- U T