Sahendra @ Sarna Tatma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13897 of 2017 Arising Out of PS.Case No. -126 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Sahendra @ Sarna Tatma Son of Mushraru Tatma Resident of Village - Rangra, P.S. Gopalpur (Rangra), District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard the parties.

This application has been filed in connection with Gopalpur (Rangra) P.S.Case No.126 of 2016 (G.R.No.607 of 2016) for the offence under Sections 447, 34, 323, 324, 304 and 34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that though there is allegation against the petitioner that he has assaulted by sharp cutting weapon on head. There are injuries on the head but these injuries are simple in nature and further the petitioner has been falsely implicated in this case due to land dispute between the petitioner and the informant. He is in custody for about three months and he has clean antecedent.

Heard learned A.P.P. also, who could not controvert the

Patna High Court Cr.Misc. No.13897 of 2017 (2) dt.24-03-2017 2/2 above fact regarding injuries being simple in nature. Having heard both sides and in view of the facts and circumstances, as stated above, 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 A.C.J.M.-IIIrd, Naugachia, District- Bhagalpur in connection with Gopalpur (Rangra) P.S.Case No.126/2016 dated 06.06.2016 District- Bhagalpur bearing G.R.No.607/2016. 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