Rahul Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25228 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ====================================================== Rahul Bind Son of Gobardhan Bind, Resident of Village-Dhangawan Garhpar, Police Station-Telhara, District-Nalanda .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Anil Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 20.03.2017 in connection with Telhara P.S. Case No. 02 of 2017 for the offences alleged under Sections 302 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. It is submitted that the petitioner has been falsely implicated and in any event, the accusation of firing upon the wife of the informant causing her death is upon co-accused Gobardhan Bind. No specific accusation of assault or any overt act has been alleged against the petitioner. Similarly situated co-accused Jagdish Bind has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 20599 of 2017 vide order dated 02.05.2017. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Sunil Kumar Singh, learned Judicial Magistrate, Ist Class,
Patna High Court Cr.Misc. No.25228 of 2017 (3) dt.01-07-2017 2/2 Hilsa, Nalanda in connection with Telhara P.S. Case No. 02 of 2017 with the following conditions:
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) B.T/Ibrar U T