Jagat Bali Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45715 of 2017 Arising Out of PS.Case No. -217 Year- 2017 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jagat Bali Singh, Son of Late Shivdani Singh, R/o Village- Laukariya, P.S.- Bairiya, District- West Champaran.

... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Smt. Sahin Begam For informant : Mr. Sanjeev Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2017 Heard the learned counsel for the petitioner, the learned APP for the State and learned counsel for the informant. The petitioner seeks regular bail in connection with Bairiya PS case no. 217 of 2017 registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of Indian Penal Code.

The allegation against the petitioner as well as his son and wife is entering into the house of informant and engaging in assaulting the prosecution side resulting in injury to the informant.

The learned counsel for the petitioner submits that the petitioner is an old person, a counter case is also filed on the same day for the same occurrence against the informant and others at his behest and the petitioner is languishing in jail since 27.07.2017.

Patna High Court Cr.Misc. No.45715 of 2017 (2) dt.20-09-2017 2/2 The learned counsel for the informant submits that the informant has received grievous injury hence, the petitioner may not be granted bail especially on account of the fact that the investigation might not have been completed on account of the accused person absconding.

I have gone through the materials on record and heard the parties. Considering the nature of the allegation as well as the age of the petitioner herein, I find it just and appropriate to grant regular bail to the petitioner upon furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of IVth Addl. Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bairiya PS case no. 217 of 2017. It is further directed that the petitioner will appear on each Monday of the week of every month before the officer-in-charge of the concerned police station and mark his attendance and in case of two continuous defaults, the present privilege of bail would stand withdrawn automatically. It is further made clear that the grant of bail to the petitioner would not be construed as having a binding force at the time of consideration of bail of the remaining accused persons since the case of the other accused persons cannot be equated with that of the petitioner.

The petition is allowed.

(Mohit Kumar Shah, J.) rinkee/- U T