Shushank Shekhar Dev @ Shashank Shekhar Deo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41300 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- JEHANABAD RAIL P.S. District- Gaya ====================================================== Shushank Shekhar Dev @ Shashank Shekhar Deo S/o Late Kapil Deo Sharma, R/o Bramharshi Nagar, Makhdumpur, P.S.- Makhdumpur, DistrictJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar For the Opposite Party/s :

Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Jehanabad Rail P.S. Case No. 24 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code. Informant has alleged that on 16.04.2018 at 7.30 PM he had boarded a train for Patna from Gaya station and found a towel kept on a seat and he sat on the vacant seat, then after sometime one person came and told that it was his seat and why he has removed the towel from the seat and thereafter started abusing and assaulting the informant. However, family members who had accompanied with

Patna High Court Cr.Misc. No.41300 of 2018(3) dt.20-08-2018 2/2 petitioner informed him that he was mentally sick. When the train reached Makdumpur station 10-15 unknown persons variously armed with lathi came and at instance of petitioner assaulted him and also snatched his mobile.

It has been submitted on behalf of the petitioner that he is mentally sick and is under going treatment of mental disorder. He has no criminal antecedent and the injury sustained by the petitioner is simple in nature as contained in Annexure-B to supplementary affidavit. Petitioner is in custody since 17.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Railway, Gaya, in connection with Jehanabad Rail P.S. Case No. 24 of 2018.

(S. Kumar, J) veena/- U T