Bindhyachal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.7022 of 2016 (3) dt.03-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7022 of 2016 Arising Out of PS.Case No. -307 Year- 2015 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Bindhyachal Singh Son of Belchhari Singh, Resident of Manaini, P.S. - Charpokhari, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh-5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Charpokhri P.S. Case No. 307 of 2015 registered for the offences punishable under Sections 147, 148, 149, 307, 447, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(1)(X) of SC/ST (Prevention of Atrocity) Act.. Allegedly, the petitioner along with three other F.I.R. named accused persons and 3-4 un-known, being armed came at the door of the informant started abusing after taking his caste name and the petitioner opened fire which luckily did not hit and further other co-accused also opened fire and assaulted with butt. Submission is of false implication, no injury has been

Patna High Court Cr.Misc. No.7022 of 2016 (3) dt.03-03-2016 caused to any one, no offence as alleged is made out and now good sense has prevailed between the parties and compromise petition has been field, duly signed by the informant, in the court below vide annexure-3 and, as such, the petitioner who is suffering in custody since 11.12.2015 deserves sympathetic consideration to which the learned A.P.P. opposes. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur, Ara in connection with Charpokhari P.S. Case No.

307 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T