Achhelal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8142 of 2016 Arising Out of PS.Case No. -138 Year- 2015 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Achhelal Bhagat son of Ram Janam Bahagt, R/o Village- Rasoolpur, P.S.- Hussainganj, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-06-2016 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, 354, 308 and 307/34 of the I.P.C Allegedly, in the occurrence the petitioner assaulted Raj Kumari, the grand daughter of the informant, with farsa on her head and other assaulted others.

Submission is of false implication and that the petitioner is in custody since 03.12.2015, there is no allegation that the petitioner repeated the blow, no offence under section 307 of the I.P.C. is made out, the injuries found on the person of Raj Kumari are simple in nature which is mentioned in paragraph-23

Patna High Court Cr.Misc. No.8142 of 2016 (4) dt.20-06-2016 2/2 of the case diary and as such the petitioner deserves sympathetic consideration as 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.

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 C.J.M. Siwan in Hussainganj P.S. Case No. 138 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