Gulab Jakir Mukhiya @ Gulabjakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48406 of 2014 Arising Out of P. S. Case No. -234 Year- 2014 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Gulab Jakir (Mukhiya) @ Gulabjakir S/o Hasan Mian R/o Village Dhamaura, P.S. Sathi, District West Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 307/34 of IPC and 27 of the Arms Act.

Allegation against the petitioner is to have shot fire at the informant which caused him injury.

It is submitted that the petitioner has won the election of Mukhiya twice by defeating the informant, who was also a candidate for Mukhiya and he has been falsely implicated in this case. Although, after investigation the charge-sheet has already been submitted but there is no injury report. It also appears from the first information report that no injury to the informant has been

Patna High Court Cr.Misc. No.48406 of 2014 (3) dt.13-03-2015 2/2 disclosed nor injury report is there. Moreover, after investigation charge-sheet has been submitted and there is no chance of tampering with the witnesses. The petitioner has no criminal antecedent.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/court concerned in Chanpatiya P. S. Case No. 234 of 2014 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T