Gama Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30830 of 2025 Arising Out of PS. Case No.-154 Year-2013 Thana- PALIGANJ District- Patna ====================================================== Gama Singh S/o Late Virhan Mahto (Singh) R/o Vill.- Pariyo, P.S.- Paliganj, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-06-2025 Heard the parties.
2. The petitioner is in custody in connection with Paliganj P.S. Case No. 154 of 2013 for the offence punishable under sections 341, 323, 307 and 504 of the Indian Penal Code lodged on 12.06.2013 by the informant, Ashok Kumar Gupta.
3. As per the prosecution story, the informant alleged that while he was talking with another person, this petitioner who was quarreling with his wife presumed that they are talking about him. Accordingly, used 'khanti' to assault on his head causing injury. This led to the FIR.
4. Learned counsel for the petitioner submits that since the matter was of the year 2013, he delayed coming to the Court, that was the reason for the rejection of his bail application. With the help of Annexure-3, he took this Court to the injury report to show that it has been found to be simple in nature. The petitioner has no criminal antecedent and the
Patna High Court CR. MISC. No.30830 of 2025(2) dt.20-06-2025 2/3 submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant side has alleged injuries, the petitioner on its own would like to contribute towards the medical assistance of Rs. 10,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP though opposes the prayer for bail concede that the injury has been found to be simple in nature.
6. Taking into account the aforesaid facts as also the injury report coupled with the fact that the petitioner has no criminal antecedent and is in custody since 02.08.2024, in that background, this Court is inclined to extend him the privilege of bail with conditions subject to payment of Rs. 10,000/- to Ashok Kumar Gupta as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India to be submitted to the Trial Court.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Add. Session Judge-VIIth, Danapur in connection with Paliganj P.S. Case
Patna High Court CR. MISC. No.30830 of 2025(2) dt.20-06-2025 3/3 No. 154 of 2013 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T