Dinanath Singh @ Bhola Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.36407 of 2015 (3) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36407 of 2015 Arising Out of PS.Case No. -66 Year- 2003 Thana -HATHAURI District- SAMASTIPUR ======================================================

1. Dinanath Singh @ Bhola Singh son of Hareram Singh resident of village Bhorha Shivram P.S. Hathouri District Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdish Prasad Singh For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Hathauri P.S. Case No. 66 of 2003 registered for the offence punishable under Sections 447, 324, 307 of the Indian Penal Code. Allegation against the petitioner is that he assaulted the informant with knife on his neck which was stopped by left hand by the informant but in the meantime the petitioner caused injury on his neck, hand and shoulder causing bleeding. Earlier also the father of the petitioner has tried to kill the informant as the informant is issueless.

Submission is of false implication and that no sharp cut injury has been found on the person of the informant, vide

Patna High Court Cr.Misc. No.36407 of 2015 (3) dt.30-11-2015 para 30 of the case diary injury report reveals the injury caused by hard blunt substance simple in nature, the petitioner is in custody since 27.03.2015, chargesheet has already been submitted and there is no chance of tampering with prosecution evidence to which the learned APP opposes.

In the facts and circumstances stated above, considering the injury report, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Dipanshu Srivastava, J. M. Ist Class, Rosera, District- Samastipur in connection with Hathouri P.S. Case No. 66 of 2003, 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) avin/- U T