Birendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67006 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== BIRENDRA BHAGAT Son of Late Langtu Bhagat Resident of VillageFatehpur, P.S.- Vaishali, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navjot Yeshu For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2020 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 341, 324, 323, 307, 504 and 506/34 of the Indian Penal Code.

The prosecution case in short is that the accused persons came to the shop of the informant and demanded free chicken, and on refusal, assaulted brother of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.6.2019 and has got no criminal antecedent. There is no allegation of tampering of

Patna High Court CR. MISC. No.67006 of 2019(4) dt.04-03-2020 2/2 witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. A single knife blow is alleged to have given by the petitioner on the brother of the informant. There is no allegation of repetition. The petitioner had no intention to commit the murder of the deceased. He has already remained in custody for about nine months.

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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 214 of 2019. (Sudhir Singh, J) Pankaj/- U T