Bahadur Sah @ Ram Bahadur Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.35255 of 2017 (3) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35255 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -BANMANKHI District- PURNIA ====================================================== Bahadur Sah @ Ram Bahadur Sah Son of Late Mohi Chand Sah, R/o Rehika Tola, Murliganj, P.S.- Murliganj, District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Madhu Prasun, Advocate For the Opposite Party : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.05.2017 in connection with Banmankhi P.S. Case No. 55 of 2017 for the alleged offences under Sections 341, 323, 324, 325, 326, 307, 379 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated without a single specific accusation against the petitioner in the FIR. The petitioner has merely been named as he had earlier instituted Murliganj P.S. Case No. 217 of 2016 dated 01.08.2016 against the informant who happens to be his neighbour. The petitioner and the informant are resident of Madhepura and admittedly the alleged occurrence has transpired at Banmankhi and the thrust of accusation is against one Azad Yadav. 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

Patna High Court Cr.Misc. No.35255 of 2017 (3) dt.19-09-2017 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S. Case No. 55 of 2017 on 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 co-operate 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.

(iv) 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. (Vikash Jain, J) Chandran/Ibrar U T