Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41873 of 2017 Arising Out of PS.Case No. -698 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Arun Kumar Son of Dharmeshwar Sahani, R/o Village- Koluha, P.S.- Ahiyapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Shekhar Anand For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Ahiyapur P.S.Cae no.698 of 2016 corresponding to its Tr. No.1726 of 2017 , registered for offences punishable under Sections 302 and 34 of the Indian Penal Code. Allegation, as per FIR, against the petitioner is that one Mantu Sahni fired upon the informant and there is allegation against the petitioner of assault. The petitioner is accused in more case.

Submission of the learned counsel for the petitioner is that the petitioner is in custody four about ten months in this case and no allegation of assault is against the petitioner. So far other case is concerned, he is on bail in that case.

Patna High Court Cr.Misc. No.41873 of 2017 (2) dt.11-09-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.

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 C.J.M., Muzaffapur in connection with Ahiyapur P.S.Case No.689 of 2016 corresponding to its Tr. No.1726 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 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