Birat Kumar @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40843 of 2020 Arising Out of PS. Case No.-555 Year-2020 Thana- KANKARBAG District- Patna ====================================================== Birat Kumar @ Mantu Kumar Son of Sri Satrudhan Chaudhary Resident of Mohalla - Ashok Nagar, Road No. 8B, P.S. - Kankarbagh, District - Patna - 800020 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh no. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Kankarbagh P.S. Case no. 555 of 2020 registered under sections 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, the petitioner is stated to have given a knife blow on the informant.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and incorrect. No such occurrence has taken place. The petitioner is in custody since 4.8.2020.

The case diary called for in the case has been received.

By order dated 9.2.2021 the case diary as also injury

Patna High Court CR. MISC. No.40843 of 2020(3) dt.10-03-2021 2/2 report had been called for. As per the information received contained in letter dated 19.2.2021 from the concerned Additional District and Sessions Judge XXV, Patna, it is stated that no injury report has been submitted along with the case diary.

The application for bail is opposed by learned APP for the State who submits that as per the material in the case diary, the informant was treated for his minor ailment and permitted to leave.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being in custody since 4.8.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kankarbagh P.S. Case no. 555 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna.

(Partha Sarthy, J) Prakash/- U