Anil Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35010 of 2017 Arising Out of PS.Case No. -116 Year- 2015 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Anil Prasad Singh Son of Late Naresh Prasad Singh, R/o VillageChandpur, P.S.- Sabour (Shahkund), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 03.05.2017 in connection with Shahkund (Sajour) P.S. Case No. 116/2015 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that there was a dispute about picking of mangoes of the grandmother's mango tree and allegation upon the petitioner is that he assaulted the informant by means of danda on his head. It has been submitted by the learned counsel for the petitioner that he is innocent, is own uncle of the informant and bears no criminal history. He submits that for a petty matter the

Patna High Court Cr.Misc. No.35010 of 2017 (4) dt.14-09-2017 2/2 incident is alleged to have occurred and he is an employee of BISCOMAUN. He further submits that the charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the injury alleged to have been caused by the petitioner has been found to be grievous in nature and it is on the vital part of the body.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur, in connection with Shahkund (Sajour) P.S. Case No. 116/15, G.R. No. 2505/15, subject to the condition that both the bailors would be close relatives of the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T