Tuntun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5126 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Tuntun Ram, S/o Satish Chandra Ram, Resident of Village- Sakrawan, P.S.- Asthawan, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjay Kumar For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 Heard the parties.

This application has been filed in connection with Asthawan P.S. Case No.95 of 2016 for the offence under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the allegation against the petitioner is that he assaulted Anil Ram by 'Garassa' causing injury and the injury report is annexed as Annexure-2 series, which shows injury on the left temporal region of the informant in size 1.5" X 1/10" X 1/10" . Furthermore, there is case and counter case and the injury was also found on the person from the petitioner's side also and the petitioner is in custody for about four months.

Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.5126 of 2017 (2) dt.15-02-2017 2/2 informant and they have opposed the prayer for bail. Having heard both sides. In view of the fact that there is a case and counter case over the matter of land dispute from before between the parties, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. V, Nalanda at Biharsharif in connection with Asthawan P.S.Case No.95 of 2016 dated 03.08.2016. With following conditions :

(i) One of the bailors of the petitioner shall be a 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 disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U