Patna High CourtCR. MISC./30660/2016bail granted

Santosh Kumar v. The State Of Bihar

2016-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30660 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Santosh Kumar Son of Kamleshwar Ram, Resident of village- Keshrama, P.S.- Kurhani, P.O.- Fakuli, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Learned counsel for the petitioner seeks permission to make necessary corrections in para-3 of the application. The same is allowed.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Trial No. 1833 of 2016, arising out of Kudhani (Kurhani O.P. Turki) P.S. Case No. 03 of 2016 for the offences instituted under Sections 341, 326 and 307 of the Indian Penal Code. The allegation against the petitioner is of assaulting the son of the informant with knife, due to which, he sustained injury on his neck.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.30660 of 2016 (3) dt.14-09-2016 2/2 petitioner is in custody since 02.01.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. He has remained in custody for about nine months. No motive has been alleged against the petitioner. Due to village politics, he has been made accused in the present case.

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 Sri Manish Pandey, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Trial No. 1833 of 2016, arising out of Kudhani (Kurhani O.P. Turki) P.S. Case No. 03 of 2016.

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