Ram Pyare Singh @ Ram Pyare Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28678 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- TEKARI District- Gaya ====================================================== RAM PYARE SINGH @ RAM PYARE SINHA Son of Late Ram Pravesh Singh Resident of Village - Sanda, P.S. - Tekari, District - Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr. BP Singh, Addl Public Prosecutor Mr. R.K.Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307/34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, petitioner and other accused persons assaulted the son of the informant as a result of which he sustained head injury.

Learned counsel for the petitioner submits that there is land dispute between the parties for which 144 Cr.P.C. proceeding was also initiated between the parties. He further submits that though the victim sustained superfluous injuries but in order to make the allegation more grievous, allegation of

Patna High Court CR. MISC. No.28678 of 2021(3) dt.21-09-2021 2/3 making assault on the head has been made in the FIR. From perusal of the injury report it appears that the nature of injury has been kept reserved. Petitioner is a retired person having no criminal antecedent and he is in custody since 16.1.2021. Charge sheet has already been submitted.

Learned counsel for the informant and the State oppose the prayer for bail submitting that there is direct allegation against the petitioner that he caused serious head injury to the son of the informant and to save his life he was to be treated in private hospitals.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Gaya in Tekari Police Station Case No. 25 of 2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.28678 of 2021(3) dt.21-09-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T