Nand Kishore Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46235 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -HALSI District- LAKHISARAI ======================================================
1. Nand Kishore Pandit Son of Late Bhola Pandit, R/o Village- Tetarhat, P.S.- Halsi, District- Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard the parties.
The petitioner seeks regular bail in connection with Halsi P.S.Case No.49 of 2017 registered for offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner is of causing death of the deceased as some altercation took place between them and only he thrashed the deceased on the ground, due to which he died there.
Submission of the learned counsel for the petitioner is that the deceased was suffering from several diseases as such he died due to falling on ground and there was no such intention of the petitioner as well as there is land dispute between the parties, that is why he has been falsely implicated in this case. Further
Patna High Court Cr.Misc. No.46235 of 2017 (3) dt.17-10-2017 2/2 submission is that he is in custody for about six months. Heard learned A.P.P. also.
Having heard both sides and considering the fact that the petitioner is in custody for about six months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Lakhisarai in connection with Halsi P.S.Case No.49 of 2017. With 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 co-operate 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 bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T