Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49978 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -BARBIGHA District- SEKHPURA ====================================================== Bhushan Singh S/o Late Sarju singh @ Surju Singh aged about 70 Years R/o Village Pinjari, P.S. Barbigha, District Sheikhpura .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 341, 323, 324, 325, 326 and 307/34 of the Indian Penal Code.

Allegation against the petitioner is that while the father of the informant was milking his cow, the petitioner along with others came there and assaulted him by means of sword, resulting thereof, his right elbow got amputated. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application with observation "at this stage". In the light of said observation, this is the second attempt made on behalf of the petitioner for grant of bail.

A report was called for from the trial court regarding the stage of the case and the same is at flat-„X‟. It has been

Patna High Court Cr.Misc. No.49978 of 2016 (4) dt.22-02-2017 2/2 reported that the case is running on evidence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.02.2016. There is no allegation of tampering of witnesses alleged against the petitioner. The other co-accused has been granted bail vide Cr. Misc. No.5319 of 2017 dated 08.02.2017 by another co-ordinate Bench of this court.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Sheikhpura in connection with S.Tr. No. 42 of 2016, arising out of Barbigha P.S. Case No. 13 of 2016.

(Sudhir Singh, J) Amit/- U T