Patna High CourtCR. MISC./50344/2016bail granted

Krishna Kumar Giri v. The State Of Bihar

2016-11-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50344 of 2016 Arising Out of PS.Case No. -97 Year- 2016 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Krishna Kumar Giri son of Rajendra Giri resident of village - Dhaminaha, Police Station - Sathi, District - West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 447, 341, 323, 324, 307, 379, 504, 506/34 and 302 of the Indian Penal Code.

The prosecution story, in brief, is that the petitioner along with others are said to have assaulted the informant causing cut injury on his head.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.07.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. As per the F.I.R., the

Patna High Court Cr.Misc. No.50344 of 2016 (2) dt.22-11-2016 2/2 petitioner along with others are said to have assaulted the informant. The nature of injury is said to be simple. In the entire F.I.R., there is no allegation for assaulting the deceased Jagarnath Giri. The case was instituted for an offence under Section 307 of the Indian Penal Code but later on Section 302 of the Indian Penal Code was added on the death of deceased Jagarnath Giri. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Sathi P.S. Case No. 97 of 2016.

(Sudhir Singh, J.) Amit/- U T