Patna High CourtCR. MISC./42819/2018bail granted

Bipin Kumar v. The State Of Bihar

2018-07-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42819 of 2018 ====================================================== Bipin Kumar Son of Bablu Ram Resident of Village- Mahmoodpur, P.S. Bikram, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amit Kumar Jha, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bikram P.S. Case No. 115 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 307, 504, 379 and 506 of the Indian Penal Code.

It is submitted that the informant is uncle of the petitioner. The grand-father of the petitioner gifted a piece of land to the petitioner and his brother, which has become eyesore to the informant and his sons and because of this reason, the petitioner and others have been implicated in this case. It is further stated that from perusal of the first information report

Patna High Court Cr.Misc. No.42819 of 2018 (2) dt.19-07-2018 itself, it would transpire that there was no intent to kill the informant or any other injured persons and the injuries sustained by the two injured were found simple and superficial in nature. On the other hand, learned counsel for the State submitted that the petitioner is alleged to have assaulted with axe and thus it cannot be said that there was no intension to kill. Be that as it may, regard being had to the allegations made in the first information report and the nature of injuries, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIV, Danapur, Patna in connection with Bikram P.S. Case No. 115 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/SkSuman.

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