Manesh Hembram @ Mannesh Hembram v. The State Of Bihar

Patna High Court Cr.Misc. No.33670 of 2017 (3) dt.08-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33670 of 2017 Arising Out of PS.Case No. -3 Year- 2016 Thana -SUIYA District- BANKA ======================================================

1. Manesh Hembram @ Mannesh Hembram S/o Sri Budhan Hembram, R/o Village- Baghela, P.O.- Bhelwa, P.S.- Suiya, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 The petitioner seeks regular bail in connection with Suiya P.S. Case No. 03 of 2016, registered for offences punishable under Sections 147, 148, 149, 307 and 504 of the Indian Penal Code and subsequently section 302 of Indian Penal Code has also been added.

Allegation against the petitioner and others is of assault to the brother of informant and allegation against other co-accused person is of assault to the deceased causing his death. It has been submitted on behalf of the petitioner that only allegation against the petitioner that he assaulted the brother of the informant and there is no allegation that he assaulted the deceased. Further altogether three injuries on the person of the brother of the informant was found and no specific allegation has been levelled against the petitioner. He has no criminal antecedent and has been in judicial custody since 13.01.2017 Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.33670 of 2017 (3) dt.08-08-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM - 1, Banka, in connection with Suiya P.S. Case No. 03 of 2016, subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sunil/- U T