Patna High CourtCR. MISC./34338/2019bail granted

Kishor Kumar @ Amar Jee v. The State Of Bihar

2019-07-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34338 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- MAHISHI District- Saharsa ====================================================== Kishor Kumar @ Amar Jee Son of Hem Narayan Lal Das @ Hem Narayan Lal Resident of Village- Kandaha, Ward No.07, Police Station- Mahishi, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2019 Supplementary affidavit is filed on behalf of the petitioner. The same be kept on record.

In the light of statement made in the supplementary affidavit, counsel for the petitioner is permitted to make necessary correction in paragraph-3 of the main application in course of the day.

Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 342, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

The allegation against the petitioner is of giving order to co-accused to assault the prosecution party.

Patna High Court CR. MISC. No.34338 of 2019(3) dt.09-07-2019 2/2 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-04-2019. Charge sheet has already been submitted. No allegation of assault is alleged against the petitioner. The petitioner is said to be member of unlawful assembly. 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, O.P. No. 2 , it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No. 40 of 2019.

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