Patna High CourtCR. MISC./26215/2017bail granted

Jay Kumar v. The State Of Bihar

2017-08-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26215 of 2017 Arising Out of PS.Case No. -143 Year- 2015 Thana -KURTHA District- JEHANABAD ======================================================

1. Jay Kumar Son of Badri Das Resident of Village-Dharampur Pondil P.S.Kurtha District Arwal .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302 of the Indian Penal Code.

Allegation against the petitioner is of committing murder of the deceased.

Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application, taking into account that the petitioner had assaulted the deceased by giving a single knife blow on the vital part of the body. This is the second attempt for grant of bail on behalf of the petitioner.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.26215 of 2017 (3) dt.30-08-2017 2/2 the petitioner is in custody since 06.11.2015. He has remained in custody for more than one and half years. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has got no criminal antecedent. The allegation is of giving a single knife blow upon the deceased. At best, it is a case for an offence under Section 304 of the Indian Penal Code. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Jehanabad, in connection with S. Tr. No. 448 of 2016, arising out of Kurtha P.S. Case No.143 of 2015. (Sudhir Singh, J) Amit/- U T