Amaresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83879 of 2019 Arising Out of PS. Case No.-166 Year-2019 Thana- SAHAR District- Bhojpur ====================================================== Amaresh Kumar, son of Sailendra Singh, Resident of village Muzaffarpur, P.S. Sahar, District Bhojpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ravindra Kumar, Advocate For the Opposite Party :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-07-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sahar P.S. Case No. 166 of 2019 for the offence under Sections 302/34 of the Indian Penal Code.

In this case, case diary was called for by order dated 18.12.2019.

Learned counsel appearing on behalf of the petitioner would submit that there is allegation of assault but from post mortem report it is clear that there is no external and internal injury on the person of the deceased as such, the allegation is found to be incorrect.

Learned counsel for the petitioner submits that similarly circumstanced co-accused Shailesh Kumar has been

Patna High Court CR. MISC. No.83879 of 2019(5) dt.02-07-2020 2/2 granted bail by a coordinate Bench of this Court vide order dated 25.11.2019 passed in Cr. Misc. No. 74272 of 2019 (Annexure-4) Considering the post mortem report and also the fact that other similarly circumstanced co-accused has been granted bail by a coordinate Bench of this Court, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Sahar P.S. Case No. 166 of 2019, subject to the condition that on release, the petitioner shall render his service as volunteer in the District Health Centre for a period of one month in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately. (Anil Kumar Upadhyay, J) BT/- U T