Balmiki Sahni @ Balmiki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52281 of 2021 Arising Out of PS. Case No.-36 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== Balmiki Sahni @ Balmiki Kumar S/O Ram Bahadur Sahani R/O VillageKaith, P.S.- Nimachandpura, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Nimachandpura P. S. Case No.36 of 2020, instituted for the offences under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 30.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that on 25.05.2020, he came out of his house and met the petitioner and other named accused persons and was talking to them. Thereafter, it is alleged that while talking a

Patna High Court CR. MISC. No.52281 of 2021(2) dt.08-02-2022 2/3 quarrel started between the informant and the named accused persons including the petitioner and thereafter, the petitioner and Ranjit Kumar assaulted by iron rod on head of the informant causing injury and the informant was admitted in the hospital in an unconscious state and after regaining consciousness, the case was lodged.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged, it would manifest that the informant and the accused were known to each other and were rather friends and were talking even, but while talking a quarrel started as a result of which, the occurrence took place. It is further submitted that the blow was not repeated and in the spur of the moment, the occurrence happened.

It is further submitted that co-accused Ranjit Kumar has been granted bail by order dated 01.02.2021 in Cr. Misc. No.50156 of 2021.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and co-accused has been granted bail, the petitioner, above-named, is directed to be released on bail on his

Patna High Court CR. MISC. No.52281 of 2021(2) dt.08-02-2022 3/3 furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-V-cum-A.C.J.M.-III, Begusarai in connection with Nimachandpura P. S. Case No.36 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T