Patna High CourtCR. MISC./7964/2017dismissed

Bhola Kumar v. The State Of Bihar

2017-02-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7964 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -SALKHUA District- SAHARSA ======================================================

1. Bhola Kumar, Son of Chandeshwari Sah, Resident of village - Pahalam, Police Station Salkhua, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Prasad Ms. Veena Kumari Jaiswal For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard the parties.

This application is for grant of bail in connection with Salkhua P.S.Case No.23 of 2016 for the offence under Sections 147, 148,149, 341, 323, 307, 504 and 379 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the allegation against this petitioner is that he along with the other co-accused persons assaulted by "Farsa" on the head of Galo Devi but the another co-accused, having similar allegation, has already been granted bail by this Court, vide order dated 23.11.2016 passed in Cr. Misc. No.50645 of 2016.

Heard learned A.P.P. also.

Having heard both sides. From perusal of the record, as

Patna High Court Cr.Misc. No.7964 of 2017 (2) dt.23-02-2017 2/2 well as the copy of order, which has been produced by the learned counsel for the petitioner, it appears that no doubt the co-accused, having similar allegation, has been granted bail by this Court but he had reamained in custody for about five months whereas the petitioner, against him there is similar allegation, has surrendered on 05.12.2016 as such he has remained in custody for more than two months.

Considering the above facts, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner may renew his prayer for bail after completion of five months of period in the custody.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U