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Patna High CourtCR. MISC./52649/2017bail granted

Kamleshwar Singh @ Kamleshwar Yadav @ Kamleshwar Singh Yadav v. The State Of Bihar

2017-11-14Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.52649 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52649 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -BAGAINGOLA District- BUXAR ======================================================

1. Kamleshwar Singh @ Kamleshwar Yadav @ Kamleshwar Singh Yadav Son of Late Saryu Singh Resident of Village - Pokraha Tola, P.S. Bagen Gola, Dist Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mira Kumari For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The petitioner seeks regular bail in connection with Bagen Gola P.S. Case No. 05/2017, registered for offences punishable under Sections 147, 149, 341, 323, 448, 302, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is of assault to the mother of informant causing her death.

It has been submitted on behalf of the petitioner that there was a scuffle going on between the informant side and petitioner side, in which the deceased tried to intervene and accidentally fell down on a stone and caused serious injury to her and died and no such incident has taken place as alleged by the informant. Further petitioner has been in judicial custody since 28.06.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.52649 of 2017 (2) dt.14-11-2017 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 -I, Buxar, in connection with Bagen Gola P.S. Case No. 05/2017, 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