Ramu Uchit Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46855 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Ramu Uchit Bhagat, Son of Late Banarsi Bhagat, Resident of VillageLadaura-Kudhni, P.S.- Kudhni (Turki O.P.), District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 Heard the parties.

The petitioner seeks regular bail in Kudhni P.S. Case No.160 of 2017 registered for the offence under Sections 341, 323, 307, 379/34 of the I.P.C.

Allegation against the petitioner is of assaulting the deceased.

Learned counsel for the petitioner submits that earlier a case under Section 307 of I.P.C. was instituted but upon death of the deceased Section 302 of I.P.C.has been inserted. He further submits that allegation of assault is against only two co-accused persons and not against this petitioner. Post mortem report shows only two injuries. There is land dispute. There is case and counter case and free fight took place in between the parties and both

Patna High Court Cr.Misc. No.46855 of 2017 (3) dt.07-11-2017 2/2 parties received injuries. The petitioner has also received serious injuries. He is in custody for six months having no criminal antecedent.

Heard learned A.P.P. also who opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, and the petitioner has no criminal antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Sri Nayan Kumar, J.M. 1st Class, Muzaffarpur, in Kudhni P.S. Case No.160 of 2017 subject to the conditions that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) AnilKrSinha/- U