Banti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26010 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -KHAIRA District- JAMUI ====================================================== Banti Singh Son of Lakhan Singh, resident of Village- Daulatpur, P.S. Jamui, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 03.03.2017 in connection with Khaira P.S. Case No. 05 of 2017 registered for the offence punishable under Sections 447, 448, 323, 324, 307, 380, 379 and 504/34 of the Indian Penal Code and Sections 3/ 4 of the Explosive Substances Act. The prosecution case, as lodged by the informant, is that the petitioner along with another co-accused hurled bombs on her and her two sons, as a result of which they were seriously injured and the accused persons also took away money and ornaments It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.26010 of 2017 (2) dt.05-07-2017 2/2 petitioner that both the sides are family members and the petitioner bears clean antecedent. A counter case has also been lodged on the same day by the petitioner's side and as per the injury report, the injuries on the person of the informant and her sons are simple in nature, except, one injury, which is on the right ring finger of the informant, which is not on the vital part of the body. It has further been submitted that no case under Section 307 of the Indian Penal Code is made out and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner is named in the First Information Report.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 05 of 2017 .

(Nilu Agrawal, J.) Arjun/- U T