Kundan Singh @ Shiv Dayal Singh @ Shiv Dayal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62062 of 2017 Arising Out of PS.Case No. -424 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Kundan Singh @ Shiv Dayal Singh @ Shiv Dayal Yadav, Son of Late Dukhi Singh, Resident of Village- Gangauli, P.S.- Dalmiya Nagar, DistrictRohtas. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dehri (Dalmiya Nagar) P.S. Case No. 424 of 2017 instituted for the offence under Sections 341, 323, 379, 506, 325 and 307/34 of the Indian Penal Code.

It has been submitted that there is case and counter case between the parties. It has further been submitted that in the written report there is allegation that this petitioner armed with Tangi stepped out from the house and assaulted the informant and others. The further allegation against this petitioner is that he assaulted Upendra Singh with iron rod on his head. Case diary has been received.

Patna High Court Cr.Misc. No.62062 of 2017 (3) dt.19-01-2018 2/3 The injury report of Upendra Singh is available in paragraph-14 of the case diary.

Learned A.P.P. on perusing case diary has submitted that Upendra Singh has sustained one lacerated wound size 1.5" x 1⁄4" x skin deep on parietal part of skull. Besides this, other injuries are swelling and abrasion.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dehri (Dalmiya Nagar) P.S. Case No. 424 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dehri, Distt. Rohtas, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court Cr.Misc. No.62062 of 2017 (3) dt.19-01-2018 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T