Patna High CourtCR. MISC./55744/2017bail granted

Pushan Naiya @ Pushun Naiya v. The State Of Bihar

2017-12-12Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55744 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -JHAJHA District- JAMUI ====================================================== Pushan Naiya @ Pushun Naiya, Son of Sahdeo Naiya, Resident of VillageDhawakurha, P.S.- Jhajha, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kartik Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard counsel for the petitioner and APP for the State.

This is a case registered under Sections 341,323,324,325,307,448 and 504/34 of the Indian Penal Code. The FIR alleges that due to previous enmity, the accused persons have committed assault on the informant and others.

The allegation against the petitioner as submitted by the counsel for the petitioner is of giving one 'Tangi' blow on the leg of the informant. He submits that the injury report in respect to the same shows simple injury. The other co-accused persons whose names find mention in paragraph 5 of the order dated 22.09.2017 passed by the Sessions Judge in B.P. No. 622 of 2017

Patna High Court Cr.Misc. No.55744 of 2017 (2) dt.12-12-2017 2/2 rejecting the prayer of the petitioner, are attributed with more grievous blows. However, they have been enlarged on bail. The petitioner is in jail custody since 8.8.2017 In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Jhajha P.S. Case No. 95 of 2016 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(Madhuresh Prasad, J) Prakash/- U T