Binod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42228 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- PUNPUN District- Patna ====================================================== Binod Singh, aged about 48 years (Male), Son of Ram Chandra Singh Resident of Village-Pakari, P.S.-Punpun, District-Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Devendra Kr. Sinha, Sr. Advocate Mr. Dilip Kumar, Advocate For the Opposite Party :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-07-2019 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307 and 379 of the Indian Penal Code registered in connection with Punpun P.S. Case No. 95 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the accusations of assault are general and omnibus in nature without any specific accusation of assault attributed to the petitioner. The injures are simple in nature, save and except the injury said to have been sustained by Aryan Raj (Annexure-2) which is however highly doubtful in nature considering that the patient was referred to PMCH, Patna and only upon his return, the injury report has been prepared showing his injury as grievous. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.42228 of 2019(2) dt.11-07-2019 2/2 (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurhi, Patna in connection with Punpun P.S. Case No. 95 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

5. The provisional bail granted to the petitioner shall be confirmed upon verification by the learned court below to its satisfaction, preferably within a period of four weeks after furnishing bail bond, that there is no injury report of PMCH, Patna relating to Aryan Raj showing his injury to be grievous, failing which his bail bond shall stand automatically cancelled.

(Vikash Jain, J) BT/- U T