Kali Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18239 of 2017 Arising Out of PS.Case No. -429 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Kali Prasad Singh, Son of Late Lal Kishun Singh, resident of village - Ramghat Koshkapur, Police Station - Narpatganj, District - Araria .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Narpatganj P.S.Case No.429 of 2016 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 & 302 of the Indian Penal Code.

Allegation as per F.I.R. is against the petitioner and several other persons of assaulting the deceased and causing his death. It is submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner and other accused persons of assault. The petitioner has clean antecedent and remained in custody for about nine months and the petitioner is aged about 65 years old and in the F.I.R. itself, his age has been disclosed as 60 years.

Patna High Court Cr.Misc. No.18239 of 2017 (3) dt.16-05-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail stating that the postmortem report shows that there are several injuries on the person of the decease.

Having heard both sides and in view of considering age of the petitioner and also considering the fact that there is no specific allegation against the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Araria in connection with Narpatganj P.S.Case No.429 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U