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Patna High CourtCR. MISC./29549/2015bail granted

Jyotish Singh v. The State Of Bihar

2015-08-14Mr. Justice Amaresh Kumar Lal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29549 of 2015 Arising Out of PS.Case No. -242 Year- 2015 Thana -BIHTA DistrictPATNA ====================================================== Jyotish Singh S/o Late Binoda Singh Resident of Village - Painal , P.S. Bihta, District - Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 14-08-2015 A supplementary affidavit has been filed today. Let it be kept on record.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 307/326 of IPC, 27 Arms Act, 3(2)(V) & 3(1)(V) SC/ST Prevention of Atrocities Act, 1989.

Allegation against the petitioner is that he abused the informant and shot fire which caused injury in his hand. It is submitted that the petitioner has been falsely implicated in this case at the instance of Sri Deo Balak Singh, son of Baikunth Singh who is nephew of maternal grand father

Patna High Court Cr.Misc. No.29549 of 2015 (2) dt.14-08-2015 2/3 of the petitioner. Some land has been given to the petitioner by maternal grand father which is not liked by Deo Balak Singh. Earlier also, at his instance Bikram P. S. Case No. 447 of 2013 was lodged by Bimla Devi son of Deo Balak Sharma in which the police has submitted final form but the learned Magistrate has taken cognizance against which the petitioner has preferred criminal revision. Moreover, after investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in Bihta P. S. Case No. 242 of 2015 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail,

Patna High Court Cr.Misc. No.29549 of 2015 (2) dt.14-08-2015 3/3 his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T