Subhash Kumar Singh @ Subash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10208 of 2017 Arising Out of PS.Case No. -263 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Subhash Kumar Singh @ Subash Kumar, Son of Late Indradeo Singh, R/o Village Bindaul, P.S.- Bihta, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kamlesh Prasad Yadav, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bihata P.S.Case No. 863 of 2016 registered for the offences punishable under Sections 147, 148, 149, 307, 324, 504 of the Indian Penal Code and 27 of the Arms Act.

It has been submitted on behalf of the petitioner that there is allegation of firing against the petitioner and other coaccused persons and the injuries sustained by the injured are found to be simple in nature, as contained in Annexure-2 to the petition and there is case and counter case and in both the cases there is allegation of firing and petitioner is in custody since 12.11.2016 having no criminal antecedent.

Heard learned APP also.

Having heard both sides and considering the fact that there is case and counter case from both sides and the injuries of

Patna High Court Cr.Misc. No.10208 of 2017 (2) dt.06-03-2017 2/2 the injured person are simple in nature and petitioner has remained in custody for more three months having no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, in connection with Bihta P.S.Case No. 863 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

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

(iii) The petitioner shall cooperate 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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U