Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81675 of 2019 Arising Out of PS. Case No.-21 Year-2017 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

DINESH SINGH Son of Budhu Singh 2.

Vicky Kumar Son of Khublal Singh Both are Resident of Village - Nunaura, P.S.- Ghorasahan, Distt.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Singh For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-01-2020 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Sections 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

Informant has alleged that on 19.01.2017 when he was sitting at his door along with his brother and father, Dinesh Singh (petitioner no.1) and Vicky Kumar (petitioner no.2) came and assaulted them by farsa as a result of which, they sustained head injury and blood started ozzing out from their head. It is further alleged that thereafter they were assaulted by lathi by other accused named in the FIR.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.81675 of 2019(3) dt.13-01-2020 2/2 they are innocent and have been falsely implicated in this case due to previous land dispute. FIR has been instituted after three days of occurrence. There is case and counter between the parties. Nature of injury has been found to be simple. Petitioners are in custody since 17.09.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ghorasahan P.S. Case No. 21/2017 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners tamper 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 petitioners.

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