Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42687 of 2017 Arising Out of PS.Case No. -186 Year- 2016 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Deepak Kumar S/o Satyendra Singh, Resident of Village- Berautee, P.S.- Deep Nagar, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The petitioner seeks regular bail in connection with Deep Nagar P.S. Case No. 186 of 2016, registered for offences punishable under Sections 341, 323, 324, 326, 307 and 452 of the Indian Penal Code.

Allegation against the petitioner is of assault to the informant and his wife on their neck by a sharp cutting weapon. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, he has sufficiently been punished for the said offence as he has been in judicial custody for more than a year and uptil now no substantial progress has been made in the trial and petitioner is ready to abide by any condition imposed on him for grant of bail. Learned counsel for the State opposed the prayer for bail

and submitted that the injuries caused to the informant and his wife due to assault by the petitioner, was found to be dangerous to their lives.

Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioner has been in judicial custody for last one year, 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 Additional Sessions Judge -VII, Nalanda at Biharsharif, in connection with Deep Nagar P.S. Case No. 186 of 2016, 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