Raghubir Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.4734 of 2017 (2) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4734 of 2017 Arising Out of PS.Case No. -22 Year- 2012 Thana -MAKER District- SARAN ======================================================

1. Raghubir Sah, Son of Hajuri Sah, Resident of Village-Haijalpur, Police Station- District- Saran, At Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 Heard the parties.

This application has been filed in connection with Maker P.S.Case No.22 of 2012 for the offence under Sections 304(B), 201, 34 of the the Indian Penal Code.

It is submitted on behalf of the petitioner that that the petitioner is "Bhainsur" of the deceased and no specific allegation has been attributed against him and the case has not been found true by the police. The learned trial court has taken cognizance against this petitioner. The petitioner is in custody for about four months.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that no specific allegation has been attributed against this petitioner as well as he

Patna High Court Cr.Misc. No.4734 of 2017 (2) dt.15-02-2017 is "Bhainsur" of the deceased and he is in custody for about four months, let the petitioner, above named, 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 Judicial Magistrate Ist Class, Saran at Chapra in connection with Maker P.S.Case No.22 of 2012 vide G.R.No.1340 of 2012 . 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