Shambhu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19126 of 2018 Arising Out of PS.Case No. -179 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Shambhu Bind, Son of Late Kapil Bind, Resident of Village- Mohraghat, P.S.- Alauli, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Alauli P.S.Case no.179 of 2017, G.R.No.1748 of 2017 , registered for offences punishable under Sections 341, 323, 324 and 307/34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant by spade on head causing injury to him and also assaulted on the other parts of the body.

Submission of the learned counsel for the petitioner is that as a matter of fact the petitioner and the informant are Samadhi and the petitioner had gone to bring his grand son and the scuffle took place and in that connection a case was lodged. The petitioner had no intention to kill the deceased.

Patna High Court Cr.Misc. No.19126 of 2018 (4) dt.20-06-2018 2/2 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 the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released 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., Khagaria in connection with Alauli P.S.Cae no.179 of 2017, G.R.No.1748 of 2017, subject to condition 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 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 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 direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T