Rudal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58235 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Rudal Singh S/o: Bhumeshwar Singh Resident of Village: Juakar Mandur, Ps. Shahkund, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Manoj Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 323, 324, 325, 326, 307, 379, 504 and 354 A of the I.P.C Allegedly, the petitioner in the occurrence assaulted Fudal Singh, the father of the informant with back portion of the spade causing injury on his head and then Anil Singh assaulted with iron rod in his neck causing piercing injury in his neck. Submission is of false implication and that there was no intention to commit murder, as alleged the petitioner assaulted the father of the informant with blunt portion of the spade, the petitioner is own brother of the injured and due to the land dispute

Patna High Court Cr.Misc. No.58235 of 2015 (3) dt.04-04-2016 2/2 the occurrence has taken place, the petitioner is in custody since 28.06.2015, charge sheet has already been submitted, final injury report has not been received and as such the petitioner deserves sympathetic consideration as there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering custody of the petitioner, now he is directed to 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 S.D.J.M. Bhagalpur in Shahkund P.S. Case No. 53 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T