Patna High CourtCR. MISC./58891/2019bail granted

Sechu Bind v. The State Of Bihar

2019-10-23Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58891 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== SECHU BIND, aged about 25 years (Male), Son of Dalsingar Bind, Resident of Village-Gangapur-Sonaon, P.S.-Durgawati, District-Kaimur at Bhabhua. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sheo Kumar Prasad, Advocate.

For the State :

Mr.Md. Ataur Rahman, A.P.P.

For the Informant : Mrs./Ms. Priya Gupta, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case for the offence registered under Sections 307, 324, 341, 323, 504/34 of the IPC. Later on, Section 302 of the IPC was also added. The prosecution story, in brief, is that on 11.04.2019 while the informant was cleaning his Motorcyle, petitioner and other accused persons came there and started hurling abuses, which led to scuffle between the parties, in the meantime, the father of the informant came there and tried to pacify them, upon which co-accused Suchit Bind came with Garasa and caused injury on the head of the father of the informant, who died later on in course of treatment.

Patna High Court CR. MISC. No.58891 of 2019(2) dt.23-10-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 09.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The informant is an eye witness to the alleged occurrence. As per the F.I.R., specific allegation of assault upon the father of the informant (deceased) is alleged against coaccused Suchit Bind. As far as petitioner and two other accused persons are concerned, they are said to have assaulted the informant.

The said allegation of assault is general and omnibus in respect of three persons including the petitioner upon the informant. There is allegation of assault alleged against the petitioner upon the informant. Except for this, there is no other substantial evidence to suggest the implication of the petitioner in the present case. Other co-accused Abhimanu Bind @ Abhimanyu Bind has already been granted bail by this Court vide Cr. Misc. No. 54658 of 2019 under order dated 30.08.2019. On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R.

Patna High Court CR. MISC. No.58891 of 2019(2) dt.23-10-2019 3/3 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 the learned C.J.M., Kaimur at Bhabhua, in connection with Durgawati P.S.Case No. 98 of 2019, G.R. No. 755 of 2019.

U.K./- (Sudhir Singh, J) U T