Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67587 of 2018 Arising Out of PS. Case No.-69 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== Bharat Kumar Son of Dasrath Prasad Resident of Village- Panapur, Akhtiyarpur, P.S. Karja, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv & Mr. Pravin Kumar, Adv For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Karja P.S. Case No. 69 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 353, 427 and 504 of the Indian Penal Code.

Informant has alleged against FIR named accused of causing assault upon him. Allegation against petitioner is of causing assault on his head with Iron-Rod.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to political rivalry between the parties. It has been further submitted that from perusal of Annexures-2 and 3 the injury report which have been enclosed to this petition are simple in nature. Petitioner is

Patna High Court Cr.Misc. No.67587 of 2018(2) dt.27-11-2018 2/2 in custody since 24.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, West Muzaffarpur, in connection with Karja P.S. Case No. 69 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U