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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32864 of 2017 Arising Out of PS.Case No. -290 Year- 2016 Thana -BELHAR District- BANKA ====================================================== SUBHASH KUMAR SINGH@SUBHASH SINGH, son of Shree Lal Singh, resident of village Charaiya, P.S. Belhar, District Banka .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Belhar P.S.Case No. 290 of 2016 registered for the offences punishable under Sections 341, 323, 325, 307 and 427/34 of the Indian Penal Code.

Allegation against the petitioner is of assaulting the informant causing grievous injury.

Submission of learned counsel for the petitioner is two fold, first petitioner is a handicapped person and secondly the occurrence took place at the spur of moment and there is no intention of causing injury on the informant and he is in custody for about three months and charge-sheet has already been submitted in this case.

Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and considering the facts and circumstances and also considering the fact that petitioner is a

Patna High Court Cr.Misc. No.32864 of 2017 (3) dt.03-08-2017 2/2 handicapped person and in support of his contention he has annexed Annexure-2, let the petitioner, named above, 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 Chief Judicial Magistrate, Banka, in connection with Belhar P.S.Case No. 290 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