Tantan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21709 of 2017 Arising Out of PS.Case No. -13 Year- 2016 Thana -BARBIGHA District- SEKHPURA ====================================================== Tantan Singh, Son of Bhushan Singh, Resident of Village- Pinjari, P.S.- Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Anjani Pd. Singh, Advocate. For the informant : Mr. Bipin Kumar, Advocate. For the State : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Barbigha P.S. Case No. 13 of 2016 instituted for the offence under Sections 341, 323, 324, 325, 326 and 307/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that other co-accused have been granted bail by coordinate Benches of this Court vide order dated 8.2.2017 and 22.2.2017 passed in Cr. Misc. 5319 of 2017 and 49978 of 2016 respectively.

As per written report there is specific allegation against Bhushan Singh of attempting to cut the neck of father of the informant with sword and when he saved his neck by his right hand, his elbow was cut and fell down on the ground. It is alleged that the petitioner and another co-accused also assaulted the father of the informant. Bhushan Singh has already been granted bail by a coordinate Bench of

Patna High Court Cr.Misc. No.21709 of 2017 (2) dt.17-05-2017 2/2 this Court vide order dated 22.2.2017 passed in Cr. Misc. 49978 of 2016.

Learned counsel for the opposite party No. 2 has appeared and submitted that trial is in progress and Investigating Officer and Doctor are to be examined in this case.

In such circumstances, since other co-accused with similar allegation have been granted bail by this Court, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Sheikhpura, in connection with Barbigha P.S. Case No. 13 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner. Petitioner is directed to remain physically present in the court below on each and every date of trial and he will not make attempt to tamper with the evidence or delay the trial, otherwise bail bond of the petitioner will be liable to be cancelled. The trial court is directed to expedite the trial and make efforts to conclude the same preferably within a period of six months since only the Doctor and Investigating Officer are to be examined in the case.

(Sanjay Priya, J) S.Ali/- U T