Patna High CourtCR. MISC./40857/2020bail granted

Subodh Bind v. The State Of Bihar

2021-03-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40857 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- CHIKSAUR District- Nalanda ====================================================== Subodh Bind S/o Budhu Bind R/o village- Jalalpur, P.S.- Chiksaura, DistrictNalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha, Advocate Mr. Yaspal Yadav, Advocate For the State :

Mr. Yogender Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chiksaura P.S. Case no. 38 of 2020 registered under sections 307, 341, 323, 379, 504, 506 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

As per allegation in the F.I.R., the accused persons including the petitioner herein are stated to have come variously armed. It is further stated that Buddhu Bind assaulted Sonu Kumar as a result of which he fell down injured. Subsequently, he died. With respect to the petitioner, it is stated that he fired in the air.

Patna High Court CR. MISC. No.40857 of 2020(3) dt.09-03-2021 2/2 It is submitted by learned counsel for the petitioner that there is specific overt act against Buddhu Bind. The allegations against the petitioner are false and concocted. The petitioner is in custody since 17.06.2020. He has no criminal antecedent and charge sheet has been submitted in the case. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact of the petitioner being in custody since 17.06.2020 and the main allegation of assault being against Buddhu Bind, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chiksaura P.S. Case no. 38 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 Additional Chief Judicial Magistrate 1st , Hilsa (Nalanda).

(Partha Sarthy, J) shahzad/- U T