Santosh Srivastva @ Santosh Kumar Srivastva v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30261 of 2017 Arising Out of PS.Case No. -506 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. Santosh Srivastva @ Santosh Kumar Srivastva S/o - Raju Srivastva resident of Village - Dumaria Bhatta in front of Sani Mandir, P.S. & District - Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2017 The petitioner seeks regular bail in connection with Kishanganj P.S. Case No. 506 of 2016, registered for offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.
Allegation against the petitioner is of assault to the informant.
It has been submitted on behalf of the petitioner that though it is alleged that the petitioner assaulted the informant several times, however, injuries caused to the informant was found to be simple in nature, for which the petitioner has sufficiently been punished as he has remained in judicial custody for nine months and has no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, nature of injury caused to the informant and also petitioner has no criminal antecedent and has remained in judicial custody for nine months, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj, in connection with Kishanganj P.S. Case No. 506 of 2016, subject to the 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 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 reasons, the
prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T