Subhash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9561 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Subhash Singh, Son of Rajendar Singh @ Bhukhan Singh, Resident of village - Telauchh, P.S. Choutham, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2017 Heard the parties.

This application has been filed in connection with Sessions Trial No.15 of 2017 arising out of Choutham P.S.Case No.149 of 2016 dated 5.11.2016 G.R.No.2750 of 2016 for the offence under Sections 341, 323, 504 and 506 of the Indian Penal Code. Allegation against the petitioner is that in the drunken condition, he assaulted the informant and others, however, it has been submitted on behalf of the petitioner that no such occurrence has taken place and he has been falsely implicated in this case. He has remained in custody for about four months and he has clean antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of allegation and

Patna High Court Cr.Misc. No.9561 of 2017 (2) dt.11-04-2017 2/2 considering the period of custody of the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IVth, Khagaria in connection with Sessions Trial No.15 of 2017 arising out of Choutham P.S.Case No.149 of 2016 dated 05.11.2016, G.R.No.2750 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U