Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53769 of 2018 Arising Out of PS. Case No.-170 Year-2017 Thana- MADHEPURA District- Madhepura ====================================================== Sintu Kumar, S/o Dinesh Paswan, Resident of Village- Rariyaha, P.S.- Ghailarh, District- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Madhepura (Ghailarh OP) P.S.Case No. 170 of 2017 registered under Sections 147, 148, 149, 302, 307, 323, 324, 341, 447, 504 and 506 of the Indian Penal Code.

It is alleged in the written report that this petitioner assaulted one Mithilesh (since deceased) with Farsa on his head.

Learned counsel for the petitioner submits that altercation has taken place in between shopkeepers and villagers on the issue of removal of encroachment, which fact is mentioned in para-7 of the case diary. He further submits that the informant has given further statement before the police wherein he has not

Patna High Court Cr.Misc. No.53769 of 2018(4) dt.30-10-2018 2/2 levelled any specific allegation of overt act against the petitioner as mentioned in the written report. Learned counsel further submits that after death of Mithilesh, Fardbeyan was recorded by the informant, which fact find mentioned in para-40 of the case dairy wherein also he has not taken the name of this petitioner. He submits that postmortem report is available in the case dairy wherein the doctor has found the injury caused by hard and blunt substance.

Considering the aforesaid fact and circumstances, the prayer of bail of the petitioner is allowed. The petitioner, abovenamed, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Madhepura in connection with Madhepura (Ghailarh OP) P.S. Case No. 170 of 2017 with condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) sujit/- U T