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Patna High CourtCR. MISC./73035/2018disposed

Sanjeev Kumar Singh @ Sittu v. The State Of Bihar

2018-12-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73035 of 2018 Arising Out of PS. Case No.-120 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== Sanjeev Kumar Singh @ Sittu son of Sitaram Singh, resident of VillageSokahara, Ward No. 7, P.S. Phulwaria, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner, who is in custody, seeks bail in connection with Phulwaria P.S. Case No. 120 of 2018 registered for the offence punishable under Sections 323, 326, 341, 307, 448, 34 of the Indian Penal Code.

Allegation against petitioner and other co-accused is of assaulting the informant by sword, as a result of which he sustained injuries over the hand and wrist. Accused persons also misbehaved and assaulted his wife.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage.

However, after four months of custody the petitioner

Patna High Court Cr.Misc. No.73035 of 2018(3) dt.12-12-2018 2/2 would be enlarge on bail by the court below itself on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Phulwaria P.S. Case No. 120 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T