Parsuram Kashyap @ Parasuram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42422 of 2017 Arising Out of PS.Case No. -392 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Parsuram Kashyap @ Parasuram Singh, Son of Rajaram Singh, Resident of Village- Sisma, P.S.- Nawada Town District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Arun For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 The petitioner seeks regular bail in connection with Nawada Town P.S. Case No. 392 of 2017, registered for offences punishable under Sections 341, 323, 307, 427, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is of assault to the informant and his brother causing injury to him. It has been submitted on behalf of the petitioner that there is land dispute between the parties and injuries are found to be simple in nature. It has further been submitted that there was no intention of the petitioner to cause grievous injury to the informant and his brother as he in spite of having pistol in his hand has assaulted them by butt portion of the said pistol. Further petitioner is accused in one more case but he has been made accused in that

case after arrest in this case and has been in judicial custody since 14.07.2017.

Heard learned A.P.P. also as well as learned counsel for the informant, they have opposed the prayer for bail. Learned counsel for the informant has submitted petitioner no only has assaulted the informant and his brother but on the same day in the evening he has also assaulted the nephew of the informant causing grievous injury to him for which a separate case has been lodged against the petitioner.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, period of custody and also in this case injuries caused to the informant and his brother was found to be simple in nature, as such, 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, Nawada, in connection with Nawada Town P.S. Case No. 392 of 2017, 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 is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T