Jalandhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22572 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jalandhar Singh s/o late Kishore Singh r/o Barwa P.S. Ramgarhwa Dist E Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-05-2016 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 147, 148, 149, 452, 324, 307 and 504 of the I.P.C Allegedly, due to the land dispute the petitioner and other co-accused entered into the house of the informant, started abusing and on protest all the accused persons assaulted with fat and slap and co-accused Niraj Singh and Dhiraj Singh assaulted with knife and Dhanunjoy Singh assaulted with lathi. Submission is of false implication due to the land dispute, against the petitioner there is no specific allegation,

Patna High Court Cr.Misc. No.22572 of 2016 (2) dt.26-05-2016 2/3 during investigation the informant has changed his version completely and has made allegation against the petitioner to have caused stab injury which is not reliable and believable, co-accused Ashok Singh has already been allowed bail vide Cr. Misc. No. 21958 of 2016, two injuries were found on the person of the informant and without any fault the petitioner is suffering in custody since 02.02.2016, the informant has filed compromise petition in favour of co-accused Ashok Singh and it falsifies the prosecution version.

The learned A.P.P. opposes prayer for bail by submitting that the informant in his restatement has named the petitioner to have caused stab injury.

In the facts and circumstances as stated above, considering that in the First Information Report there is no specific allegation against the petitioner and as such the petitioner 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 S.D.J.M. Raxaul at Motihari East Champaran in Raxaul P.S. Case No. 27 of 2016, 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

Patna High Court Cr.Misc. No.22572 of 2016 (2) dt.26-05-2016 3/3 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