Patna High CourtCR. MISC./9135/2018bail granted

Bhagwan Ojha v. The State Of Bihar

2018-03-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9135 of 2018 Arising Out of PS.Case No. -158 Year- 2017 Thana -BARAULI District- GOPALGANJ ======================================================

1. Bhagwan Ojha Son of late Satyadeo Ojha Resident of VillageMohmmadpur, Nirmal Tola, P.S. Barauli (Madhopur O.P), DistrictGopalganj, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kaushlendra, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

The petitioner and other family members allegedly assaulted to the son of the informant, suspecting him a thief as a result whereof son of the informant died. There is counter case also lodged by the petitioner-side alleging therein that son of the informant had entered into their house with intent to commit theft. Injuries found by the doctor are consistent with the prosecution allegation. Petitioner is in custody since 20.08.2017. Considering the entire facts of the case, let the

Patna High Court Cr.Misc. No.9135 of 2018 (3) dt.27-03-2018 P2/ petitioner, above named, be released on bail after framing of the charge or after six months whichever is earlier on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Barauli P.S. Case No.158 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T