Brahmdeo Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34539 of 2018 Arising Out of PS.Case No. -288 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ======================================================
1. Brahmdeo Tanti, Son of Late Rampal Tanti, resident of VillageGopalpur, Police Station Muffasil, District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Muffassil P.S.Case no.288 of 2017 , registered for offences punishable under Sections 323, 448, 325, 307, 379, 504, 354-A and 34 of the Indian Penal Code.
Allegation against the petitioner is of assault by lathi to the son of the informant and the informant causing injury. Submission of the learned counsel for the petitioner is that there is case and counter case and the injury of the son of the informant is simple and the opinion on the injury of the informant has been kept reserved.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.34539 of 2018 (3) dt.23-07-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released 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 ACJM-IV, Munger in connection with Mufassil P.S.Case no.288 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. 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 investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T