Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39402 of 2018 Arising Out of PS. Case No.-325 Year-2017 Thana- KATEYA District- Gopalganj ====================================================== Rajesh Singh, S/o Late Jawahar Singh, Resident of Village- Kapuri, P.S.- Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Harendra Prasad, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 23.05.2018 in connection with Kateya P.S. Case No. 325/2017 for offences punishable under Sections 307 and other allied Sections of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while the petitioner and other accused persons were cutting wooden clump, the informant objected on which the petitioner armed with tangi and co-accused Binod Singh armed with dab assaulted the informant.

It has been submitted by the learned counsel for the petitioner that he is innocent, both sides were on inimical terms regarding land dispute and the petitioner's side also has lodged

Patna High Court Cr.Misc. No.39402 of 2018(4) dt.06-09-2018 2/3 an FIR against the informant's side being Kateya P.S. Case No. 09 of 2018 wherein the petitioner's side also received injuries. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that three injuries have been found and doctor has opined that all injuries are grievous in nature. Considering the facts and circumstances of the case as well as considering the period of custody and that petitioner not being single assailant, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-XV, Gopalganj in connection with Kateya P.S. Case No. 325/2017, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear

Patna High Court Cr.Misc. No.39402 of 2018(4) dt.06-09-2018 3/3 on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/Pragya U T