IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23876 of 2011
Bachu Singh, S/o. late Ramautar Singh,
Versus
The State Of Bihar
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02. 11.08.2011 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
The petitioner apprehends his arrest in Kako
P.S. Case No.15 of 2011 for the offence under Sections
341, 324, 323, 307, 504 & 506/34 of the I.P.C. pending
in the Court of Chief Judicial Magistrate, Jehanabad.
Petitioner is one of the named accused with
allegation of assault to the informant in a continued
land dispute. There is counter version also bearing
Kako P.S. Case No. 15 of 2011.
Submission is that there is no specific
allegation against the petitioner and under similarly
situated circumstance two of the accused Kameshwar
Yadav and Bindi Yadav have already been granted the
privilege of bail by a Bench vide order dated 22.07.2011
under Cr. Misc. No. 24225 of 2011.
On the other hand, submission by learned
counsel for the informant is that informant has
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sustained grievous head injuries and petitioner is the
author of one of them.
Considering the facts and circumstances and
finding from the order of learned Sessions Judge that
the informant has sustained one grievous injury on his
skull (hairline fracture), as submitted the author of the
said injury is non-petitioner Suresh Yadav, in the event
of arrest or surrender within a period of four weeks, till
submission of charge sheet, let the petitioner, namely,
Bachu Singh 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, Jehanabad in connection
with Kako P.S. Case No. 15 of 2011 subject to condition
under section 438(2) of the Code of Criminal Procedure,
and additional condition to remain physically present
before the court below till submission of charge sheet
and on the dates fixed and in the event of failure on two
consecutive dates, without any reasonable explanation,
the privilege granted shall be deemed to be cancelled.
(Akhilesh Chandra, J.)
Mkr.