Santosh Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36466 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- SAHJAHANPUR District- Patna ====================================================== SANTOSH BIND, Son of Late Maheshwar Bind Resident of Village- Parshan Bigha, P.S.- Shahjahan pur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Chandra For the Opposite Party/s :
Mr. Anil Kumar Singh Mr. Sunil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Shahjahanpur P. S. Case No.61 of 2020, instituted for the offences under Sections 147, 148, 341, 323, 379, 307, 504 and 506 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 11.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.
The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that on account of
Patna High Court CR. MISC. No.36466 of 2021(2) dt.03-12-2021 2/3 land dispute the occurrence had taken place in which this petitioner assaulted the informant by lathi on his head leading to injury. The other persons were also injured in the occurrence and allegation under Section 379 of the I.P.C. is an ornamental. The learned counsel for the petitioner submits that it was on account of land dispute that the occurrence took place. The blow was not repeated. The learned counsel for the petitioner further submits that on account of land dispute in fit of anger the occurrence took place.
The learned counsel for the informant as well as learned A.P.P. for the State opposes the bail application and submits that the victim has been inflicted with a grievous injury on his head.
Considering the fact that the petitioner is in custody since 11.03.2021, he is a person with clean antecedent, chargesheet has been submitted in this case and the blow was not repeated, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Ritu Kumari, learned Judicial Magistrate, 1st Class, Patna City, Patna in connection with Shahjahanpur P. S. Case No.61 of 2020, with a condition that
Patna High Court CR. MISC. No.36466 of 2021(2) dt.03-12-2021 3/3 the petitioner in between 20th to 25th of every month commencing from December, 2021 will mark his attendance in the concerned police station till the charges are not framed and in the event, if the concerned police station reports to the learned Court below that the petitioner in between 20th to 25th of any of the month is not marked his attendance, the learned Court below will be at liberty to cancel his bail bonds. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T