Kari Singh @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37934 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -GARHPURA District- BEGUSARAI ======================================================

1. Kari Singh @ Santosh Kumar Son of Ramranjan Singh R/o village - Dunahi, P.S. Garhpura, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 15.06.2015 in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act. The prosecution case is that informant's son namely Raja Choudhary and Paswan Kumar were coming with toddy on 10.05.2015. The petitioner and others demanded toddy. After drinking toddy petitioner and others denied to pay money and assaulted the son of the informant with fist and slaps and cricket bat. When the informant went to rescue his son, then petitioner and others also assaulted him. It has been submitted by the learned counsel for the petitioner that he has committed no offence and he has

Patna High Court Cr.Misc. No.37934 of 2015 (2) dt.02-09-2015 been falsely implicated. It has further been submitted by the counsel for the petitioner that six persons took part in the assault and the injury report which is Annexed as Annexure-2 of this application shows that the informant's son Raja Choudhary sustained injury, which was simple in nature, caused by hard and blunt substance.

Under such circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai in connection with Garhpura P. S. Case No. 31 of 2015.

It may be noted that since the petitioner is involved in another case in which he is accused, if he involves himself in a case of similar nature in future, the learned court below will be at liberty to cancel his bail bond.

(Nilu Agrawal, J) P.K./- U T