Patna High CourtCR. MISC./59038/2019bail granted

Shesh Kumar Baitha @ Shesh Baitha v. The State Of Bihar

2019-09-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59038 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== SHESH KUMAR BAITHA @ SHESH BAITHA Son of Laate Badri Nath Rajak @ Badri Nath Baitha Resident of Village and P.O.- Barhorapur, P.S.- Barahara, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307 and 337 of the Indian Penal Code.

A quarrel between two brothers was going on for share in the house. The petitioner assaulted with a brick to his younger brother causing injury at the head and as a result of that injury, the younger brother of the petitioner, namely, Dev Das Rajak died subsequently. Petitioner is in custody since 11.06.2019.

Submission is that investigation of the case is already complete and from the act alleged no inference of knowledge or intention to commit murder or culpable homicide could be drawn.

Patna High Court CR. MISC. No.59038 of 2019(2) dt.27-09-2019 2/2 There is no allegation of repetition of blow. Considering the facts aforesaid and completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barhara Police Station Case No. 199 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T