Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38321 of 2016 Arising Out of PS.Case No. -212 Year- 2015 Thana -WARSALIGANJ District- NAWADA ====================================================== Bablu Kumar, Son of Satyadeo Prasad, Resident of Mohalla Warisaliganj Northern Market P.S. Warisaliganj, District Nawada. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar, Advocate For the Opposite Party : Md. Anzarul Haque Sahara (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Warisaliganj P.S Case No. 212 of 2015 registered for the offences punishable under Sections 341, 324, 307/34 of the Indian Penal Code.

Allegedly, in the First Information Report only allegation against the petitioner is that he caught the informant from behind and co-accused Kunal Kumar gave sword blow on his neck which hit in left chick and ear.

Submission is of false implication and that the petitioner is not the assailant, he has not connected with any overt act, he has not assaulted the informant in anywhere and without

Patna High Court Cr.Misc. No.38321 of 2016 (2) dt.03-10-2016 2/2 any fault he is suffering in custody since 29.06.2016 and, as such, he deserves sympathetic consideration. During investigation the supervising authority has found the case true under section 341, 324/34 of the Indian Penal Code The learned A.P.P. fairly submits that allegation of assault is against co-accused Kunal Kumar and not against the petitioner.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned S.D.J.M., Nawada, in connection with Warisaliganj P.S. Case No. 212 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T