Bhukur Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4359 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- DHANAHA District- West Champaran ====================================================== Bhukur Gaddi, S/o-Vishambhar Gaddi, Resident of Village - Dhawahiya, P.S. Dhanaha, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Zainul Abedin For the Opposite Party/s :
Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 427, 447, 302 and 504 of the Indian Penal Code. Allegation against the petitioner and co-accused Najab Gaddi is that they assaulted with lathi causing injury at the abdomen of the wife of the informant as a result whereof she died. The Doctor who performed the postmortem has found liver of the deceased lacerated, the cavity filled with blood. The antemortem injury caused by hard and blunt substance was reason for death.
Learned counsel for the petitioner submits that petitioner is in custody since 12.07.2018. The witnesses examined before the police stated that all had assaulted to the
Patna High Court CR. MISC. No.4359 of 2019(3) dt.22-04-2019 2/2 deceased without making any specific allegation against the petitioner.
Considering the nature of allegation, let the petitioner, above named, be released on bail after framing of the charges, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dhanaha Police Station Case No. 133 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Rajan/Banti U T