Basant Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67979 of 2021 Arising Out of PS. Case No.-78 Year-2021 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== BASANT BIND S/O SHIO JEE BIND R/o village- Mathachak, P.S.- Kudra, Distt.- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code.

As per the prosecution case, it is stated that in a fight between Rama Shankar Bind and the petitioner, on Jagdish Bind going to settle the dispute, eleven named accused persons variously armed with iron rod, stick etc. assaulted Jagdish Bind as a result of which he fell down unconscious and was taken to the hospital for treatment. He subsequently died. It is submitted by learned counsel for the petitioner that Section 302 of the Indian Penal Code was added subsequently. The allegations are general and omnibus in nature.

Patna High Court CR. MISC. No.67979 of 2021(2) dt.29-04-2022 2/2 The petitioner is in custody since 2.9.2021 and has no criminal antecedent. Chargesheet has been submitted in the case. The case of the petitioner stands on a similar footing to that of coaccused Nand Lal Bind who has been enlarged on bail vide order dated 15.4.2022 passed in Cr. Misc. no.63346 of 2021. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation in the F.I.R., the petitioner having remained in custody for 7 months, investigation in the case having concluded and grant of bail to the above named co-accused Nand Lal Bind, the Court directs the petitioner to be enlarged on bail in connection with Kudra P.S. Case no.78 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Kaimur (Bhabua).

(Partha Sarthy, J) Saurabh/- U T