Bimlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28469 of 2015 Arising Out of PS.Case No. -246 Year- 2013 Thana -SARAIYA District- - ======================================================

1. Bimlesh Singh S/o Sri Bhulan Singh R/o Village - Nargi Jagdish, P.S. - Saraiya, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-10-2015 Heard the learned counsel for the petitioner, the learned A.P.P as also learned counsel for the Informant. The petitioner seeks bail in a case for the offences punishable under sections 341, 324, 325, 326 and 307/34 of the I.P.C and section 27 of the Arms Act.

The petitioner and others came at the door of the informant with various arms and the petitioner assaulted Rajesh Singh on his left hand with Dab resulting his palm was cut and further assaulted on right hand resulting his arm was also cut and further assaulted on the chest and other co-accused assaulted also on head by fire arm.

Submission is of false implication and that there is land dispute between both the parties and the petitioner is agnate

Patna High Court Cr.Misc. No.28469 of 2015 (3) dt.16-10-2015 2/3 of the informant. Charge sheet has already been submitted and the case has been committed to the court of Sessions and the petitioner is suffering in custody since 04.12.2014 and has got no criminal antecedent and co-accused Vinod Singh has already been allowed bail vide Cr. Misc. No. 11597 of 2015 by order dated 04.08.2015 by another coordinate Bench of this Court.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail of the petitioner. The learned counsel for the informant further submits that to his knowledge the petitioner has got criminal antecedent but has suppressed the same.

In the facts and circumstances as stated above, considering detention of the petitioner at this stage the petitioner is directed to be released on bail after verification by the Trial Judge as to whether he has got criminal antecedent or not and if it is found that he has got criminal antecedent then he shall not be released on bail otherwise the petitioner shall be enlarged 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. Muzaffarpur in Saraiya P.S. Case No. 246 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial

Patna High Court Cr.Misc. No.28469 of 2015 (3) dt.16-10-2015 3/3 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