IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26263 of 2011
Jagan Singh
Versus
The State Of Bihar
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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.)