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Patna High CourtCR. MISC./39909/2020allowed

Shibu Bhagat @ Shiv Kumar Bhagat v. The State Of Bihar

2021-02-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39909 of 2020 Arising Out of PS. Case No.-92 Year-2020 Thana- BELHAR District- Banka ====================================================== Shibu Bhagat @ Shiv Kumar Bhagat, aged about 35 years, Male, Son of Umashankar Bhagat, Resident of Village- Sevkagola, P.S.- Belhar, DistrictBanka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the State :

Mrs.Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-02-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Belhar P.S. Case No. 92 of 2020 registered for the offence punishable under Section 304 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner deliberately took the deceased at damaged roof where trees were being cut down due to which the wall fell on the victim and he sustained severe injury and later, he died. After investigation, police has submitted charge sheet under Section 304 of the I.P.C. against the petitioner.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in

Patna High Court CR. MISC. No.39909 of 2020(3) dt.26-02-2021 2/2 the present case. He further submits that the petitioner has got no any criminal antecedent and he further submits that the petitioner is in jail custody since 18.03.2020. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned A.C.J.M./Successor Court, Banka in connection with Belhar P.S. Case No. 92 of 2020.

(Anjani Kumar Sharan, J) Nasimul/- U T