Hariom Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.314 of 2017 (8) dt.17-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.314 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -TURKAULIYA District- EAST CHAMPARAN(MOTIHARI) ======================================================

1. Hariom Kumar, Son of Shambhu Singh Resident of Village- Ajgari Math, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-04-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 31.05.2016 in connection with Turkaulia P.S. Case No. 198 of 2016 registered under Sections 364-A, 120-B/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case due to political rivalry. Merely on the basis of suspicion, the name of this petitioner has surfaced in this case, which is evident from the F.I.R. itself. In fact, no occurrence has taken place as alleged in the F.I.R. Even the statement of the victim recorded under Section 164 Cr.P.C. does not support the implication of this petitioner in the alleged occurrence. The petitioner is rotting in custody for the last 10 months Considering the nature of accusation, let the petitioner,

Patna High Court Cr.Misc. No.314 of 2017 (8) dt.17-04-2017 above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaulia P.S. Case No. 198 of 2016.

(Arvind Srivastava, J) Brajesh/- U T