Thakko Kamti v. The State Of Bihar

Patna High Court Cr.Misc. No.54799 of 2015 (3) dt.15-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54799 of 2015 Arising Out of PS.Case No. -365 Year- 2013 Thana -BAHERA District- DARBHANGA ======================================================

1. Thakko Kamti Son of Malai Kamti Resident of village - Sajhuar, P.S. Biroul, Distt. - Darbhanga .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Madhusudan Kumar For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Bahera P.S. Case No. 365 of 2013 registered for the offences punishable under Sections 341, 323, 324, 307, 386 and 379 of the Indian Penal Code.

Allegedly, the petitioner at the point of knife demanded money from the informant and on refusal gave repeated blow in the abdomen, chest, right arm and left hand of the informant and further took away Rs. 3500/-. Thereafter, the informant was brought at PHC Bahera and from there DMCH, Darbhanga and later on he was treated in PMCH.

Submission is of false implication and that at the time of taking drink there was some altercation between the informant and

Patna High Court Cr.Misc. No.54799 of 2015 (3) dt.15-02-2016 the petitioner, the informant though has received some lacerated wounds but all the injuries have been found simple in nature which is evident from the injury report and as such the petitioner who is suffering in custody since 13.08.2015 deserves sympathetic consideration to which learned APP opposes by submitting that multiple injuries have been found on the person of the informant. In the facts and circumstances stated above, considering that all the injuries are simple in nature, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipur (Darbhanga) in connection with Bahera P.S. Case No.

365 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.