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Patna High CourtCR. MISC./38324/2017bail granted

Subham Chaubey v. The State Of Bihar

2017-08-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38324 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -DUMRAUN District- BUXAR ======================================================

1. Subham Chaubey, Son of Santosh Chaubey, Resident of Khirauli, P.S.- Dumraon, District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.

The petitioner is apprehending arrest in connection with Dumraon P.S.Case No.168 of 2017, registered for offences punishable under Sections 142, 148, 149, 341, 323, 324, 448, 354, 379, 307, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of assault to Tara Babu.

Submission of the learned counsel for the petitioner is that there is a case and counter case between the parties and the injuries are found to be simple in nature.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in

Patna High Court Cr.Misc. No.38324 of 2017 (2) dt.19-08-2017 2/2 the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Dumraon P.S.Case No.168 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be 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 co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T