Pappu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2725 of 2016 Arising Out of PS.Case No. -106 Year- 2015 Thana -ATRI District- GAYA ======================================================

1. Pappu Chaudhary Son of Karu Chaudhary Resident of village Damodar, P.S.-Atri, District-Gaya (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 341, 323, 324, 307 and 504 of the I.P.C Allegedly, when the informant forbade the petitioner not to smoke ganja, the petitioner gave Hasuli blow on his neck causing cut injury and bleeding. Due to the alarm being raised the witnesses came and brought him at the police station. Submission is of false implication and that there was no intention to commit murder, there is no allegation that the petitioner repeated blow, the injury found is only 2"x1"x 1⁄4" and the cause of the injury has been noticed as hard and blunt substance and as such the petitioner who is suffering in custody

Patna High Court Cr.Misc. No.2725 of 2016 (4) dt.01-04-2016 2/2 since 04.08.2015 now deserves sympathetic consideration, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes prayer for bail by submitting that on the vital part the injury was caused. In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge- 1st, Gaya in Sessions Trial No. 22 of 2015 arising out of Atri P.S. Case No. 106 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T