Shankar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38224 of 2017 Arising Out of PS.Case No. -230 Year- 2010 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Shankar Bhagat Son of Mahendra Bhagat, R/o Village- Budhanpur, P.S.- Dewariya, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Paroo P.S.Case No.230 of 2010 , registered for offences punishable under Sections 392/34 of the Indian Penal Code. Allegation against the petitioner and other accused persons is of assaulting to the informant and also running Tractor over his body, causing death.

Submission of the learned counsel for the petitioner is that as a matter of fact the informant and others were trying to stop the construction work of the road with respect of payment of compensation and during that course, the deceased fell down and he received injury and died, which will appear from para 45 and other paragraphs of the case diary. Another accused persons

Patna High Court Cr.Misc. No.38224 of 2017 (3) dt.31-08-2017 2/2 having similar allegation has already been granted privilege of anticipatory bail, vide order dated 21.8.2017 passed in Cr. Misc. No.21472 of 2017.

Heard learned A.P.P. also.

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 learned S.D.J.M. (West), Muzaffarpur in connection with Paroo P.S.Case No.230 of 2010. 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