Uday Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.6548 of 2018 (2) dt.12-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6548 of 2018 Arising Out of PS.Case No. -308 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Uday Singh, Son of Late Shiv Shankar Singh, Resident of Village- Bari Chak, P.S.- Gogri, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Sumiran Rai, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.11.2017 in connection with Gogri P.S. Case No. 308 of 2017 for the offences alleged under Sections 147, 447, 341, 323, 307/379 & 506 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and in any event the accusation of assault upon the informant's husband is general and omnibus in nature. Out of the three injuries sustained by the victim, two are simple in nature. There is land dispute between the parties and the informant and petitioner are members of family and as many as 15 persons including the ladies has been made accused. Similarly situated coaccused Haritesh Kumar has been granted bail by this Court in Cr. Misc. No. 47582 of 2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 20.11.2017, let the

Patna High Court Cr.Misc. No.6548 of 2018 (2) dt.12-02-2018 petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Gogri P.S. Case No. 308 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T