Gopi Bahardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39647 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -SIKTI District- ARRARIA ======================================================

1. Gopi Bahardar Son of Late Sukhi Bahardar, R/o Village- Bairgachhi, P.S.- Sikty Bardaha, District- Araria, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sikty P.S.Case No.60 of 2016 , registered for offences punishable under Sections 302 and 201/34 of the Indian Penal Code. The petitioner is not named in the FIR and during the course of investigation his name has transpired in this case. Submission of the learned counsel for the petitioner is that except suspicion there is nothing against the petitioner and even there is no story of last seen or seen at the place of occurrence at the time of occurrence. The petitioner is in custody for three months and he has been made accused only on the basis of hearsay evidence or suspicion.

Heard learned A.P.P. also, who court not controvert

Patna High Court Cr.Misc. No.39647 of 2017 (3) dt.07-09-2017 2/2 the above submission of the learned counsel for the petitioner. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Sharma, J.M. 1st class, Araria in connection with Sikty P.S.Case no.60 of 2016 dated 14.4.2016. 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 disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T