Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68809 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== BITTU KUMAR Son of Narwad Ram Resident of Village - Nagwan, P.S.- Deepnagar, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 307, 427, 379, 504 & 506 of the Indian Penal Code. Informant has alleged in her complaint that while she along with her sister-in-law and son were going by their car and when they reached near village Nagama one tempo coming from other side suddenly stopped and the car met with an accident. It is further alleged that the altercation took place between the driver of the tempo Bittu Kumar and son of informant and thereafter it is alleged that petitioner took out an iron rod from his tempo and assaulted his son Nitish Kumar on his head and thereafter others also assembled there and started assaulting and the other two persons who came there to rescue

Patna High Court CR. MISC. No.68809 of 2019(2) dt.04-12-2019 2/3 them, they were also assaulted.

It has been submitted on behalf of the petitioner that there is case and counter case and he has also suffered injury. Injury report of Nitish Kumar has been enclosed as Annexure-6 according to which the nature of injury has been found to be simple. Petitioner has no criminal antecedent and is in custody since 12.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Deepnagar P.S. Case No. 228/2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.68809 of 2019(2) dt.04-12-2019 3/3 to move for cancellation of bail of the petitioner. (S. Kumar, J) Ranjeet/- U T