Patna High CourtCR. MISC./9071/2017bail granted

Deepak Kumar v. The State Of Bihar

2017-03-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 9071 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Deepak Kumar, Son of Anjani Kumar, Resident of Village:- Chakbarkura, Police Station- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tripurari Sharan, Advocate For the Opposite Party/s : Mr. Shyam Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 325, 326, 307, 302, 504 and 506/34 of the Indian Penal Code. According to FIR, three persons including the petitioner assaulted to Shiv Chandra Chaudhary @ Gopal Chaudhary with the back portion of the Kudal (spade) causing injury at his head.

The Doctor has found two head injuries on external examination.

Submission of the petitioner is that the allegation is general and omnibus and it is not specific as to who out of three

Patna High Court Cr.Misc. No.9071 of 2017 (3) dt.21-03-2017 2/2 had caused two injuries to the deceased Shiv Chandra Chaudhary. There is no eye-witness who has supported as to who had caused injury to Shiv Chandra Chaudhary.

Learned counsel for the informant opposed the prayer for bail.

However, perusal of the case diary does not reveal that any eye-witness has named the petitioner specifically as assailant who had caused head injury to Shiv Chandra Chaudhary.

Considering the aforesaid facts, let the petitioner, above named, be enlarged 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 Sub-Divisional Judicial (West), Muzaffarpur/successor Court in connection with Karja Police Station Case No. 85 of 2016, subject to the condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T