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Patna High CourtCR. MISC./4251/2017allowed

Md. Sonu @ Sarwar v. The State Of Bihar

2017-02-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4251 of 2017 Arising Out of PS.Case No. -300 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Md. Sonu @ Sarwar Son of Bannu Mian, Resident of Village- Purnia City, P.S.- Sadar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 Heard the parties.

This application has been filed in connection with Sadar P.S.Case No.300 of 2016 for the offence under Sections 302, 201, 120B of the Indian Penal Code.

It is submitted on behalf of the petitioner that except the last seen the deceased with the petitioner, there is nothing against the petitioner and the post mortem report shows that the it is the accidental case and the petitioner is in custody for more than six months.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that except the suspicion, there is nothing against the petitioner and he is in custody for more than six months, let the petitioner, above named,

Patna High Court Cr.Misc. No.4251 of 2017 (3) dt.27-02-2017 2/2 be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Purnea in connection with Sessions Trial No.460 of 2016 arising out of Sadar P.S.Case No.300 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U