Parsuram Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42021 of 2017 Arising Out of PS.Case No. -423 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Parsuram Singh, son of Rajaram Singh, Resident of Village- Sisma, P.S.- Nawada Town, District- Nawada.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Arun, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-11-2017 Heard the learned counsel for the petitioner learned counsel for the informant and the learned A.P.P. for the State. Petitioner is languishing in judicial custody since 20.07.2017 in connection with Nawada Town P.S. Case No. 423/2017, for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
The prosecution case as lodged by the informant is that the petitioner along with others came variously armed with lathi, danda and pistol and assaulted the family members including the father of the informant. Allegation upon the petitioner is of firing in the air and hitting the father of the informant with the butt of the pistol on the nose which resulted in serious injuries.
Patna High Court Cr.Misc. No.42021 of 2017 (3) dt.06-11-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. Earlier also the informant side lodged Nawada Town P.S. Case No. 392/2017 for the occurrence relating to the incident in the forenoon on the same day. He submits that both are neighbours and due to minor dispute the said occurrence is alleged to have taken place. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned A.P.P. for the State opposes the prayer for bail stating therein that specific allegation of assault is upon the petitioner of hitting the informant's father with the butt of the pistol and in the injury report opinion has been reserved. The informant's father has sustained injuries around the eye, nose and mouth.
Considering the facts and circumstances and materials on record, let the petitioner named above, 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 Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 423/2017, subject to the condition that one of the bailors would be a close relative of
Patna High Court Cr.Misc. No.42021 of 2017 (3) dt.06-11-2017 3/3 the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/court, who will file an affidavit stating his relationship with the petitioner and that the petitioner will appear before the police/court as and when required and failure to appear on two consecutive dates without assigning any reason will entail the cancellation of his bail bonds. (Nilu Agrawal, J) Vinita/- U T