Bipin Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39021 of 2018 Arising Out of PS. Case No.-256 Year-2017 Thana- KARAKAT District- Rohtas ====================================================== Bipin Bihari Singh S/o Late Ramdeo Singh, R/o Vill.- Amaratha, P.S.- Karakat, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rameshwar Singh For the Opposite Party/s :

Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant.

The petitioner, who is in custody, seeks bail in connection with Karakat P.S. Case No. 256 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 120 (B), 504 and 506 of the Indian Penal Code. Allegation against the petitioner and other coaccused persons is of assaulting and abusing the informant's brother.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that from perusal of the FIR, it is apparent that there is no specific allegation of assault

Patna High Court Cr.Misc. No.39021 of 2018(5) dt.11-09-2018 2/3 against the petitioner. Petitioner has been implicated in this case due to previous land dispute. There is case and counter case. Petitioner has no criminal antecedent and is in custody since 07.05.2018.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Karakat P.S. Case No. 256 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court Cr.Misc. No.39021 of 2018(5) dt.11-09-2018 3/3

(3) If the petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T