Ganga Pd. Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 12395 of 2018 Arising Out of PS.Case No. -56 Year- 2017 Thana -MARAUNA District- SUPAUL ====================================================== Ganga Pd Sah, Son of Bhogi Lal Sah, Resident of Village- Kulharia, Police Station- Marauna, District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Ms Saba Ashfaque, Advocate For the S t a t e : Dr Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 447, 448, 341, 323, 324, 302/34 of Indian Penal Code. It is submitted by the petitioner's counsel that though the incident took place on 09.05.2017, Fardbayan of informant was recorded on 10.05.2017, the first information report (for brevity, FIR) has been instituted on 16.05.2017 on the basis of a subsequent statement having major contradiction with the earlier version. The other co-accused, against whom there is allegation of assault, namely, Shankar Pd Sah @ Shankar Prasad Sah has already been allowed bail by this Court in Cr Misc No 60264 of 2017. Petitioner, having no criminal antecedent, is in custody

Patna High Court Cr.Misc. No.12395 of 2018 (3) dt.06-04-2018 2/2 since 17.05.2017 that is just one day after institution of the FIR. Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in Marauna Police Station Case No 56 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T