Sushil Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21893 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== SUSHIL PAL S/O- Suresh Pal Resident of Village - Meh, P.S. - Narari Kala Khurd, District - Aurangabad (Bihar). ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code. As per the prosecution case, this petitioner is alleged to have stabbed the son of the informant with knife. Learned counsel for the petitioner submits that there is a case and counter case in which both sides sustained injuries. Injuries sustained by the injured persons have been found to be simple in nature, except injury no.1 caused to informant's son Suraj Pal who received penetrating injury on the abdominal cavity by sharp penetrating substance. However, opinion regarding nature of injury no.1 has been kept reserved. Petitioner has claimed clean antecedent and he is in custody since 25.12.2020.

Learned counsel appearing for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.21893 of 2021(2) dt.15-07-2021 2/2 Considering the rival submissions of the parties, materials available on the record and the fact that petitioner has got clean antecedent and he is in custody since 2512.2020, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Narari Kala Khurd Police Station Case No. 55 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T