Vishwanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49664 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -MEHANDIA District- JEHANABAD ====================================================== Vishwanath Singh son of Late Deo Prasad singh, resident of villageMehndiya, P.S. Mehndiya, District-Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate For the State : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Mehandiya P.S. Case No. 70 of 2017 for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is inflicting injury on the person of one Niranjan Kumar by iron rod causing grievous injury to the said Niranjan Kumar.

Learned counsel for the petitioner submits that in fact the petitioner has filed a case and in retaliation thereof the present one has been filed. It is further submitted that as far as the criminal antecedent is concerned, only one case is pending against him which has been filed at the behest of the informant side. It is

Patna High Court Cr.Misc. No.49664 of 2017 (2) dt.17-10-2017 2/2 further submitted that the petitioner is in custody since 21.08.2017.

Per contra, the learned counsel for the informant submits that the injuries are grievous in nature as would be apparent from the case diary and further the investigation is still going on. Hence, the prayer for bail may be considered after framing of charge.

In the facts and circumstances of the case, I deem it fit and appropriate that the investigation should be completed by the Police within two months from today and in such view of the matter, the petitioner may be enlarged on bail immediately upon completion of three months from the date of custody i.e. 21.08.2017, subject to furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Mehandiya P.S. Case No. 70 of 2017 and to the condition(s) as may be prescribed by the learned trial court. The petition is disposed off.

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