Rama Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51121 of 2017 Arising Out of PS.Case No. -96 Year- 2016 Thana -SABAUR District- BHAGALPUR ======================================================

1. Rama Mandal Son of Shailendra Mandal Resident of Village - Shankarpur, P.S. Sabour, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 The petitioner seeks regular bail in connection with Sabour P.S. Case No. 96 of 2016, registered for offences punishable under Sections 341, 323, 354, 307, 325, 504, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner is of assault to the informant by means of garasa causing head injury to the informant.

It has been submitted on behalf of the petitioner that petitioner and informant are own gotia and dispute arose between the parties with regard to grazing of she-goat. Further submission is that the F.I.R was lodged after six days of occurrence and though there is allegation against the petitioner of assaulting the informant, however, there was no intention of the petitioner to kill

the informant and injury caused to the informant appears to be inflicted from hard and blunt substance and not from the sharp cutting weapon. Petitioner has been in custody since 07.06.2017 and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioner has no criminal antecedent and has remained in custody for more than three months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM -Xth, Bhagalpur, in connection with Sabour P.S. Case No. 96 of 2016, subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sunil/- U T