Arwind Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79783 of 2018 Arising Out of PS. Case No.-212 Year-2018 Thana- SALIMPUR District- Patna ====================================================== Arwind Singh son of Late Krishna Singh, resident of Village- Manjhauli Bigaha, police Station - Salimpur, Distt.- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parashuram Singh For the Opposite Party/s :
Mr.Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Salimpur P.S. Case No. 212 of 2018 registered for the offence punishable under Sections 147, 148, 149, 323, 341, 342, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Informant in his fardbeyan has alleged that on 13.07.2018 at about 6:30 am, when he had gone to see his field he saw FIR named accused including the petitioner standing on the road and as he moved ahead he was surrounded by the accused who started abusing and assaulting him by fists and slaps. Allegation against the petitioner is of firing on the Informant which hit him as a result of which he fell down and thereafter on assembling of the villagers they fled away. It has been submitted on behalf of the petitioner that he
Patna High Court Cr.Misc. No.79783 of 2018(4) dt.25-02-2019 2/3 has been falsely implicated in this case. There is case and counter case and the injury report suggest that he sustained fire arm injury which is simple in nature. Petitioner has got no criminal antecedent and is in custody since 18.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Salimpur P.S. Case No. 212 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.79783 of 2018(4) dt.25-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U