Uday Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15240 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Uday Singh, Son of late Vishnudeo Singh, Resident of Village- Pirapur Mathura, P.S. Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. Smt. Babita Kumari, Advocate.

For the Opposite Party/s : Mr. Nityanand, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Goraul P.S. Case No. 109 of 2016 registered for the offences punishable under Sections 341, 323, 307, 354, 380, 325, 504, 506 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that allegation against the petitioner and other accused persons is that they have assaulted the informant by rod on different parts of the body and also assaulted the wife of the informant. Falsity of the present case is evident from the injury report (Anexure-4). Injury report shows that there is no external injury found on the person of the wife of the informant and the informant has also got simple injury like pain and swelling over right shoulder. Post mortem was also conducted and no external injury was found on the person of

Patna High Court Cr.Misc. No.15240 of 2017 (2) dt.30-03-2017 2/2 the deceased. Viscera were also preserved for F.S.L. The petitioner is in custody since 06.12.2016.

Heard the learned APP also.

Having heard both sides, in view of the facts and circumstances stated above and as the petitioner is in custody since 06.12.2016, let the petitioner above named be enlarged on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 109 of 2016 with the 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 shall cooperate in the disposal of the 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.

(Vinod Kumar Sinha, J) Mishra/- U T