Sachin Kumar @ Sachin Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46804 of 2018 Arising Out of PS.Case No. -202 Year- 2017 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. SACHIN KUMAR @ SACHIN PRASAD S/o Mithilesh Prasad

2. Naresh Prasad S/o Late Ram Pyare Das

3. Mithlesh Prasad S/oRam Pyare Das All residents of Village - Bhagwan Bigha, P.S.Ekangarsarai, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2018 Heard the parties.

The petitioners seek regular bail in connection with Ekangarsarai P.S.case no.202 of 2017 registered for offences punishable under Sections 302, 147, 148, 149, 120(B) ----- of the Indian Penal Code.

Allegation against the petitioners and other accused persons is of causing death of the father of the informant. Submission of the learned counsel for the petitioners is that the FIR itself shows that six persons were seen fleeing away and thereafter the dead body was found and the postmortem report shows only two injuries over the person of the deceased. Moreover, the petitioner no.1 is in custody 28.11.2017 and

Patna High Court Cr.Misc. No.46804 of 2018 (2) dt.19-09-2018 2/2 petitioner nos. 2 and 3 since 21.2.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of SDJM, Hilsa, Nalanda in connection with ekangarsarai P.S.Case nO.202 of 2017.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T