Patna High CourtCR. MISC./76916/2018bail granted

Bharat Kumar @ Bharat Prasad @ Bharat Singh v. The State Of Bihar

2018-12-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76916 of 2018 Arising Out of PS. Case No.-331 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Bharat Kumar @ Bharat Prasad @ Bharat Singh, son of Rajdeo Prasad, Resident of Naya Bazar, Siwan, Police Station- Siwan, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Siwan Muffasil P. S. Case No. 331 of 2018 instituted for the offence under Section(s) 341, 323, 324, 326 and 307 Indian Penal Code. In the written report, it is alleged that while the informant was lodged in Siwan jail in connection with criminal case this petitioner gave knife blow causing injury on his neck. The alleged occurrence is said to have taken place on 10.6.2016 in Siwan Jail. The petitioner has been arrested on 8.7.2018 from outside the jail. The name of this petitioner is Bharat Kumar @ Bharat Prasad @ Bharat Singh.

Learned sessions judge, Siwan has mentioned in the impugned order that doctor has found one sharp cut injury on

Patna High Court Cr.Misc. No.76916 of 2018(2) dt.20-12-2018 2/2 the neck of the informant and the same was opined to be grievous in nature.

Learned counsel for petitioner submits that this is a case of mistaken identity as the petitioner was arrested from outside the Jail premises of Siwan whereas in the written report it is mentioned that occurrence has taken place inside the jail premises.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Siwan, in connection with Siwan Muffasil P. S. Case No. 331 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T