Bibek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54214 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- KEWATI District- Darbhanga ====================================================== BIBEK KUMAR Son of Chhote Sah @ Chhotu Sah Resident of Village - Khirma, P.S. - Keoti, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Jha For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-08-2019 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the application in course of the day.

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 323, 326, 509, 504, 34 and 326(A) of the Indian Penal Code.

The prosecution case in short is that while the informant was returning with her mother, accused persons assaulted her and sprinkled acid on informant due to which she received injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.6.2019 and has got no

Patna High Court CR. MISC. No.54214 of 2019(2) dt.28-08-2019 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. The alleged occurrence is said to have taken place between the two communities for petty reasons.

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. VII, Darbhanga in connection with Keoti P.S. Case No. 45 of 2019 (C.R.I. case No. 795 of 2019). (Sudhir Singh, J) Pankaj/- U T