Upendra Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18215 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -KACHHAWA District- SASARAM (ROHTAS) ======================================================
1. Upendra Singh, S/o Dharmdeo Singh,
2. Pramod Kumar, S/o Upendra Singh, Both of Village - Baldeo Tola, P.S. Kachhawan, District - Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv. Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP For the informant : Mr. Jitendra Kumar Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2017 Heard the learned counsel for the petitioners. The petitioners seek regular bail in connection with Kachhawan P.S. Case No. 45 of 2016 registered for offence punishable under Sections 302, 325, 323, 341/34of Indian Penal Code.
Allegation against the petitioners is that they have assaulted the deceased on his head and he fell down and during treatment he died.
It has been submitted on behalf of the petitioners that there is case and counter case and though there is allegation against petitioners and another of assault to the deceased but only one injury was found in post-mortem report as such, the postmortem report does not support the prosecution version. Petitioners are in jail since 31.12.2016.
Learned A.P.P. and the learned counsel for the informant opposes the prayer of bail by submitting that one injury
Patna High Court Cr.Misc. No.18215 of 2017 (3) dt.20-06-2017 2/2 has been found on the person of the deceased. Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj (Rohtas) in connection with Kachhawan P.S. Case No. 45 of 2016 subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make them available as and when required by the court and on the event of failure on their 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 their bail. (Vinod Kumar Sinha, J) sushma/- U T