Chandan Bind @ Chandan Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17244 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- THAKRAHA District- West Champaran ====================================================== CHANDAN BIND @ CHANDAN NISHAD Son of Late Sakal Bind Resident of Village - Thakraha Tola, Pakri, Thakraha, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 379/34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, petitioner is alleged to have given farsa blow on the head of the informant causing grievous injury.

Learned counsel for the petitioner submits that the parties are agnate and the altercation took place between the

Patna High Court CR. MISC. No.17244 of 2021(2) dt.07-07-2021 2/3 parties due to a petty dispute in which both sides sustained injuries. There is no allegation of giving repeated assault. Charge sheet has already been submitted. Petitioner claims clean antecedent and he is in custody since 12.10.2020. Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the fact that the altercation took place in the backdrop of the petty dispute, let the petitioner, mentioned above, 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 Judicial Magistrate 1st class, West Champaran at Bagaha on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.17244 of 2021(2) dt.07-07-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T