Amarjeet @ Budhana @ Amarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5302 of 2019 Arising Out of PS. Case No.-460 Year-2018 Thana- District- Patna ====================================================== AMARJEET @ BUDHANA @ AMARJEET KUMAR aged about 35 years s/o late Shivnandan Singh r/o Village- Bihat, Tola- Maksapur, PS Barauni, District Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ansul For the Opposite Party/s :
Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Barauni P.S. Case No. 460 of 2018 registered for the offence punishable under Sections 147, 148, 149, 307, 504, 506, 120B of the Indian Penal Code and Section 27 of the Arms Act.
Informant in his written complaint has alleged that on 16.09.2018 at about 9:15 pm when he was with his nephew 2 to 3 FIR named accused reached there and fired upon him which hit his right shoulder and chest as a result of which he became injured. It has been further alleged by him that at the instance of petitioner they had come to kill him.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to
Patna High Court Cr.Misc. No.5302 of 2019(3) dt.08-02-2019 2/2 long dispute with the Informant. It has been further submitted that the petitioner was in judicial custody in Mandal Kara, Begusarai at the time of occurrence. Petitioner is in custody since 22.11.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case No. 460 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers 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 petitioner. (S. Kumar, J) ranjan/- U