Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3958 of 2018 Arising Out of PS. Case No.-195 Year-2017 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Sonu, son of Saukat Ali, resident of Village- Nai Bazar, P.S. Buxar Town, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Sessions Trial No. 312 of 2017, arising out of Baxur Muffasil P.S. Case No. 195 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the petitioner had some dispute with his deceased son, Bangaru and his son had taken the mobile of the petitioner for which he was threatened by the petitioner and thereafter, after two days the informant's son Bangaru was found dead lying in a field. On the previous day, the petitioner and co-accused Mangalam Ram @ Mangal Ram were found standing near the house of the informant.

Patna High Court Cr.Misc. No.3958 of 2018(3) dt.17-02-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated only on suspicion. He submits that there is no eye-witness to the alleged occurrence and just because there was some petty dispute, he has been made accused. He submits that co-accused Mangalam Ram @ Mangal Ram has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 61268 of 2017 vide order dated 15.01.2018 However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Buxar in connection with Sessions Trial No. 312 of 2017, arising out of Baxur (M) P.S. Case No. 195 of 2017 , subject to the conditions that:

(1) Both the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating their relationship with the

Patna High Court Cr.Misc. No.3958 of 2018(3) dt.17-02-2018 3/3 petitioner.

(2) The petitioner will appear before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T