Patna High CourtCR. MISC./41566/2018bail granted

Binay Kumar v. The State Of Bihar

2018-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41566 of 2018 ======================================================

1. Binay Kumar son of Balmiki Yadav, resident of Village- Nauru, P.S. Parasbigha, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Parasbigha P.S.Case No.63 of 2018 registered for offences punishable under Sections 341, 323, 325, 307, 504 of the Indian Penal Code.

Allegation against the petitioner is of assault by rod. Submission of the learned counsel for the petitioner is that the informant and the petitioner are full brothers and from the statement of the witness in para nos. 7, 8, 9 and 18 of the case diary, it will appear that there was free fighting between both the parties and the injuries are grievous in nature that is on finger. Further submission of the petitioner is that the petitioner is in custody since 24.4.2018.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.41566 of 2018 (3) dt.26-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Bharti, J.M. 1st class, Jehanabad in connection with Parasbigha P.S.Case No.63 of 2018. With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T