Arvind Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44800 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Arvind Singh sonof Asharfi Singh

2. Asharfi Singh son of Late Chintaman Singh, Both are resident of village Mishrauliya, P.S.; Jandaha, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard the parties.

This application is for grant of regular bail in connection with Jandaha P.S.Case No.72 of 2017 for the offences under Sections 341, 323, 326, 307/34 of the Indian Penal Code. Allegation against the petitioners as per FIR is that they pressurized the informant to lift the earlier case lodged against them and further allegation against the petitioner no.1 is that he sprinkled Acid on the informant and the allegation against the petitioner no.2 is that he is order-giver. Further it appears from the injury report as mentioned in the case diary that there were some burn injuries over the person of the informant as found by the Doctor.

Submission of the learned counsel for the petitioners

Patna High Court Cr.Misc. No.44800 of 2017 (3) dt.11-10-2017 2/3 is that there is dispute between the parties from before and case and counter case are going on between the parties and no such burn injury has been found on the person of the informant. There is no specific allegation of assault against the petitioner no.2. They are in custody since 23.5.2017.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that there is highhandedness of the petitioners. Having heard both sides. So far petitioner no.2 (Asharfi Singh) is concerned, let the petitioner no.2 be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M.,Vaishali at Hajipur in connection with Jandaha P.S.Case no.72 of 2017 with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court, the petitioner will not induce any witness or tamper with the evidence and he shall co-operate 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 bond.

Patna High Court Cr.Misc. No.44800 of 2017 (3) dt.11-10-2017 3/3 So far petitioner no.1 (Arvind Singh) is concerned, I am not inclined to grant bail to petitioner no.1 at this stage, however, the learned trial court is directed to expedite the commitment of the case and once the case is committed, he shall try to conclude it within a period of six months, otherwise, the petitioner is at liberty to renew his prayer for bail. With the aforesaid observation, this application is disposed of.

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