Pradeep Bari @ Pradip Bari v. The State Of Bihar
Patna High Court Cr.Misc. No.20407 of 2017 (4) dt.07-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20407 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ======================================================
1. Pradeep Bari @ Pradip Bari son of Jagarnath Bari @ Jagar Nath Bari resident of Mohalla - Mogalpura, P.S. - Laheriasarai, District - Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 Heard the parties.
This application is for grant of regular bail in connection with Laheriasarai P.S.Case No.34 of 2017, registered for the offences under Sections 302/34 & 120B of the Indian Penal Code. Allegation, as per F.I.R., is that the petitioner along with other accused persons assaulted the deceased by 'lathi' and fists & slaps causing injury to him, due to which he succumbed injuries. Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against him and no case is made out under Section 302 of the Indian Penal Code as well as no dangerous weapon has been used in the occurrence and there is a land dispute between the parties from before. It is submitted on behalf of the petitioner that he is in
Patna High Court Cr.Misc. No.20407 of 2017 (4) dt.07-07-2017 custody since 10.3.2017.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, 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 C.J.M., Darbhanga in connection with Laheriasarai P.S.Case No.34 of 2017 dated 04.02.2017 corresponding to G.R.No.281 of 2017.
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