Patna High CourtCR. MISC./11945/2018bail granted

Sadanand Maharana v. The State Of Bihar

2018-02-27Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11945 of 2018 Arising Out of PS. Case No. -850 Year- 2017 Thana -BANKA District- BANKA ====================================================== Sadanand Maharana, Son of Late Fouzdari Maharana @ Faudari Maharana, Resident of Village Mirzapur, P.S. Barahat, District Banka .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party: Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.12.2017 in connection with Banka (Barahat) P.S. Case No. 850 of 2017 for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307/504 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties in the backdrop of the land dispute. No overt act of assault has been attributed to the petitioner who is only said to have used bad language. 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 learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 850 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.11945 of 2018 (2) dt.27-02-2018 2/2 (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/Chandran U T