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Patna High CourtCR. MISC./53361/2019bail granted

Toofan Kumar Sah @ Tufan Kumar Sah @ Tufan Kumar Sahu v. The State Of Bihar

2019-08-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53361 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- BISFI District- Madhubani ====================================================== TOOFAN KUMAR SAH @ TUFAN KUMAR SAH @ TUFAN KUMAR SAHU Son of Biltu Sah Resident of Village - Itahar, P.S.- Bisfi (Patauna), Distt - Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

The prosecution case in short is that the accused persons variously armed assaulted the informant while he was returning after recording his evidence in the Court. It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.7.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is a case and

Patna High Court CR. MISC. No.53361 of 2019(2) dt.26-08-2019 2/2 counter case between the parties. A free fight is alleged to have taken place. A single blow is alleged to have been given by the petitioner. No repetition is said to have been made. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Benipatti, Madhubani in connection with Bisfi (Patauna) P.S. Case No. 264 of 2018.

(Sudhir Singh, J) Pankaj/- U T