Subhash Chandra Bose @ Chutul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 1090 of 2021 Arising Out of PS. Case No.-328 Year-2016 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SUBHASH CHANDRA BOSE @ CHUTUL KUMAR Son of Kailash Prasad Singh Resident of Village- Murliachak, P.S.- Sadar Hajipur, Distt- Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 26.10.2019 in connection with Hajipur Sadar P.S. Case No. 328/2016 registered for the offences punishable under Sections 341/323/ 325/ 324/354(B)/307/34 of the Indian Penal Code. As per the prosecution case, petitioner is alleged to have stabbed the informant and caused cut injury on the left palm of the informant.
It is submitted on behalf of the petitioner that petitioner and informant are Gotia and admittedly there is land dispute between the parties on account of which some free fight took place in which informant sustained injury in his left palm which is simple in nature. It is further submitted that petitioner has been remanded in this on 12.08.2020 and in custody since 26.10.2019. Chargesheet has already been submitted in this
Patna High Court CR. MISC. No. 1090 of 2021(2) dt.01-03-2021 2/2 case.
Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 328/2016, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.
(2)If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Saif/- U T