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Patna High CourtCR. MISC./38207/2017allowed

Bittu Kumar Sah v. The State Of Bihar

2017-08-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38207 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -BAKHRI District- BEGUSARAI ====================================================== Bittu Kumar Sah, son of Shashi Bhushan Sah, resident of villageBhawanipur, P.S. Bakhri (Parihari O.P.), District Begusarai. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bakhri P.S. Case No. 61 of 2007 registered under Section 307/34 of the Indian Penal Code. As per the prosecution case, the petitioner along with other accused persons are said to have resorted firing upon the informant. The firing resorted by accused Saurabh Kumar hit the informant in his chest.

It is submitted by learned counsel for the petitioner that the allegations against the petitioner is not specific rather general and omnibus in nature. The petitioner does not happen to be assailant. He has been falsely implicated in this case due to village rivalry. The petitioner has been languishing in custody since 26.04.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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, Begusarai in connection with Bakhri P.S. Case No.61 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T