High Court Patna High Court - Orders

Jagan Singh vs The State Of Bihar on 29 August, 2011

Patna High Court – Orders
Jagan Singh vs The State Of Bihar on 29 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Criminal Miscellaneous No.26263 of 2011
                                        Jagan Singh
                                           Versus
                                    The State Of Bihar
                                           --------

For the petitioner : Mr. Babu Nandan Prasad, Adv.

For the State : Mr. Ajay Kumar Jha, APP

02. 29.08.2011 Heard learned counsel for the petitioner

and learned Additional Public Prosecutor for the

State.

The petitioner, apprehends his arrest in

connection with Kargahar (Barhari) P.S. Case No.

42/2011, pending in the court of Chief Judicial

Magistrate, Rohtas, Sasaram, is one of the named

accused in this with allegation of assaulting one

Ram Awadh Ram by spade in a petty dispute arising

out of singing song of Holi Festival.

Submission is that there is no explanation

for delayed information to the police when

occurrence said to have taken place on 20.03.2011

at about 8.30 A.M. and the injured after being

treated at Barhari, brought back to village and next

day when he was bringing to other place, police is

said to have been informed. Moreover, injury report

also does not corroborated to be inflicted by spade.

The petitioner has clean antecedent and this case

appears squarely covered under the decision of Apex
2

Court in a case Jorgia Pentiah Vs. State of A.P.

reported in 2009(1) BCCR 153(SC).

Considering the facts and circumstances of

the case, in the event of his arrest or surrender

within a period of four weeks, let the above-named

petitioner be enlarged on bail on furnishing bail

bond of sum of Rs. 10,000/- (ten thousand only)

with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Rohtas,

Sasaram, in connection with Kargahar (Barhari) P.S.

Case No. 42/2011, subject to condition under

section 438(2) of the Code of Criminal Procedure,

and additional condition to attend the court

regularly at least for three years or till disposal of the

case, whichever is earlier and in the event of failure

on two consecutive dates, without any reasonable

explanation, the privilege granted shall be deemed to

be cancelled.

Rajeev/                          ( Akhilesh Chandra, J.)