Radhe Shyam Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51084 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Radhe Shyam Giri son of Ramlal Giri resident of village - Areraj, P.S. - Areraj, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard the parties.
The petitioner seeks regular bail in connection with Govindganj (Areraj) P.S.Case no.90 of 2017, G.R.Case No.2565 of 2017 registered for offences punishable under Sections 341, 323,354(a)(b), 379, 504 and 506 of the Indian Penal Code and Section 3⁄4 of the Witchcraft Practices Prohibition Act, 1999.. Allegation against the petitioner is of assault by rod to the informant and there is allegation against other accused persons also.
Submission of the learned counsel for the petitioner is that though it is alleged that he has assaulted by rod but nowhere it is stated that on which part he has assaulted and what type of injuries have been received by the informant. It has also been submitted
Patna High Court Cr.Misc. No.51084 of 2017 (2) dt.13-11-2017 2/2 that he is in custody for about 2 1⁄2 months. The petitioner has no criminal antecedent.
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, 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 the learned C.J.M., Motihari, East Champaran in connection with Govindganj (Areraj) P.S.Case no.90 of 2017, G.R.No.2565 of 2017.
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 in the event of failure 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 bond.
With the aforesaid observation, this application is allowed. chn/- (Vinod Kumar Sinha, J) U T