Bidya Sagar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.33746 of 2017 (6) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33746 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -BHAGWANGANJ District- PATNA ======================================================

1. Bidya Sagar Singh, Son of Late Yugeshwar Singh, resident of VillageKewta Dariyapur, P.S.- Bhagwanganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 The petitioner seeks regular bail in connection with Bhagwanganj P.S. Case No. 58 of 2016, registered for offences punishable under Sections 328, 302, 120(B) of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of assaulting to the husband of the informant and forcibly administered poison to him, who died during the treatment.

It has been submitted on behalf of the petitioner that in the post mortem report no injury was found on the person of the deceased and further in the viscera report no poisonous substance was found in the viscera of the deceased. Petitioner has falsely been implicated in this case and has been in judicial custody for last six months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.33746 of 2017 (6) dt.22-09-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Masaurhi, in connection with Bhagwanganj P.S. Case No. 58 of 2016, subject to 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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate 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.

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