Patna High CourtCR. MISC./50394/2017disposed

Subhash Prasad Srivastava v. The State Of Bihar

2017-10-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50394 of 2017 Arising Out of PS.Case No. -169 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Subhash Prasad Srivastava S/o Jawala Prasad Srivastava, R/v Laxmipur Pokhriya, P.S. Adapur, Distt. East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 Heard the learned counsel for the petitioner and learned APP for the State.

Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 12.09.2017 in Criminal Miscellaneous No. 42370 of 2017 with an observation that petitioner may renew his prayer of bail after framing of charge or after opinion on injury report. It has been submitted on behalf of the petitioner that opinion of injury report is available and doctor has stated that injuries appear to be simple in nature and he is in custody for more than four months.

In view of the above facts and circumstances, this application is disposed of with a direction to the learned court below to verify the opinion of the injury report and if it is found to be simple in nature, the petitioner shall be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial

Patna High Court Cr.Misc. No.50394 of 2017 (2) dt.18-10-2017 2/2 Magistrate, Raxaul, East Champaran, Motihari in connection with Adapur P.S. Case No. 169 of 2017 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 shall cooperate in the disposal of trial and appear on each and every date in Court and on 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) sushma/- U T