Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80234 of 2018 Arising Out of PS. Case No.-61 Year-2018 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== Chandan Kumar Son of Ram Kalewar Mahto, Resident of Village- Sultanpur, P.S.- Tariyani Chapra, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Advocate Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341/342/323/324/447 /379 /307/504/34/302 of the Indian Penal Code.

According to FIR, the petitioner assaulted with lathi causing injury at the head of the mother of the informant as a result whereof she died during course of treatment. The doctor has found three independent injuries on the head of the deceased. After post mortem examination the witnesses stated before the police that the petitioner had repeated the assault. Submission is that it is difficult to believe whether the

Patna High Court CR. MISC. No.80234 of 2018(3) dt.16-04-2019 2/2 informant had seen the occurrence or the witness who alleges repeated blow on the head of the mother of the informant. Petitioner is in custody since 27.08.2018. The petitioner is ready to cooperate with the trial.

Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid fact, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Tariyani Chapra P.S. Case No.61 of 2018, with condition that petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T