Tiko Singh @ Ajeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44493 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -PARWATTA District- KHAGARIA ====================================================== Tiko Singh @ Ajeet Singh D/o Hiralal Singh, resident of village - Salarpur, P.S. - Parbatta, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate. For the Opposite Party/s : Mr. Surendra Pd. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2016 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

Petitioner is in jail custody since 16.02.2015 in a case registered under Section 302 and other minor sections of the Indian Penal Code. The accusation against petitioner is that he along with co-accused Soman Singh assaulted the deceased by means of lathi whereas rest accused assaulted the deceased with bricks.

It appears that in course of investigation, some witnesses stated that it was petitioner who gave lathi blow causing head injury to deceased but submission on behalf of petitioner is that there is case and counter-case between the parties and, as a

Patna High Court Cr.Misc. No.44493 of 2015 (4) dt.29-01-2016 2/2 matter of fact, it was the prosecution party which was aggressive and caused injuries to petitioner and others. It is further submitted that moreover only single blow is said to have been given to the petitioner for which the petitioner has sufficiently been punished by remaining in jail custody for more than one year. On the other hand, learned counsel appearing for the informant submits that the trial of the petitioner has already commenced and one witness has already been examined. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, the above named petitioner is directed to 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 the learned Additional Sessions Judge-II, Khagaria in S.T. No. 163/2015, arising out of Parbatta P.S. Case No. 59/2015.

(Hemant Kumar Srivastava, J) Dilip/- U T