Mintu Kumar @ Gachchia v. The State Of Bihar

Patna High Court Cr.Misc. No.47952 of 2015 (3) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47952 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Mintu Kumar @ Gachchia Son of Late Banshi Paswan, Resident of Mohalla - Gachhi tola, P.s. - town, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Anusuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Begusarai Town P.S. Case No. 103 of 2015 registered for the offences punishable under Sections 341, 323, 386, 504, 506/34 of the Indian Penal Code. Allegedly, the petitioner and other co-accused named in the FIR started assaulting the informant and the petitioner opened fire which did not hit and then he assaulted with butt and directed to pay ransom of Rs. 5,000/- otherwise he will not be allowed to live in Gachhi Tola and further snatched Rs. 745/- from the pocket. Submission is of false implication and that no amount was paid, both parties are next door neighbours and only due to dispute between the children of both the family, the petitioner has been implicated, resulting the petitioner is suffering in custody since 21.06.2015, in this case chargesheet has already been submitted and

Patna High Court Cr.Misc. No.47952 of 2015 (3) dt.30-11-2015 there is no chance of tampering with the prosecution evidence. Learned APP opposes the prayer of bail by submitting that the petitioner has got criminal antecedent as he is involved in eight more cases.

In the facts and circumstances stated above, considering that in this case chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 103 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T