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Patna High CourtCR. MISC./61895/2017bail granted

Sohan Jha v. The State Of Bihar

2018-01-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61895 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ======================================================

1. Sohan Jha S/o Late Madan Jha @ Late Madan Kumar Jha, R/o VillageBaghawa, P.S.- Bakhtiyarpur (Balwahat O.P.), District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2018 Heard the parties.

The petitioner seeks regular bail in connection with Bakhtiyarpur (O.P. Balwa Hat) P.S.Case No.01 of 2017 registered for offences punishable under Sections 307/34 of the Indian Penal Code.

Petitioner is not named in the FIR and it appears that his name has transpired on the basis of confession of the co-accused. Submission of the learned counsel for the petitioner is that there is absolutely nothing against the petitioner except confession of the co-accused. The petitioner is in custody for about five months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.61895 of 2017 (3) dt.12-01-2018 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged 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 C.J.M., Saharsa in connection with Bakhtiyarpur (O.P. Balwa Hat) P.S.Case No.01 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 the disposal of trial and make himself 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 his bail bond.

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