Ghanshyam Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.49429 of 2015 (2) dt.10-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49429 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -JAMALPUR District- DARBHANGA ======================================================

1. Ghanshyam Singh Son of Uma Shankar Singh Resident of Village - Bhuskaul, Police Station - Jamalpur ( Bargaon O.P. ), District - Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jamalpur P.S. Case No. 46 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 of the Indian Penal Code.

Allegedly, in the occurrence the petitioner gave farsa blow on the head of the informant causing injury. Submission is that there was free fight between the parties and for that there is case and counter case, the informant has received injury which is simple in nature vide annexure 3/1. Other co-accused persons have been allowed pre-arrest bail and the petitioner is suffering in custody since 29.09.2015 having no

Patna High Court Cr.Misc. No.49429 of 2015 (2) dt.10-12-2015 criminal antecedent. Chargesheet has already been submitted and there is no chance of tampering with prosecution evidence. Learned APP after going through annexure 3/1 fairly submits that the injuries have been found on the person of the informant but both are simple in nature.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Incharge Chief Judicial Magistrate, Benipur (Darbhanga) in connection with Jamalpur P.S. Case No. 46 of 2015, 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 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) avin/- U T