Tarkeshwar @ Tufani Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4815 of 2017 Arising Out of PS.Case No. -171 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA ======================================================
1. Tarkeshwar @ Tufani Bhagat, Son of Mahendra Bhagat, Resident of Village- Kusthan, Police Station- Bihariganj, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 Heard the parties.
This application has been filed in connection with Bihariganj P.S. Case No. 171 of 2016 for the offence under Sections 147, 148, 149, 156, 295A, 341, 323, 353, 332, 333 and 427 of the Indian Penal Code.
It is submitted on behalf of the petitioner that though he has name in the First Information Report but no specific overt act has been alleged against the petitioner and co-accused having similar allegation have already been granted bail by this Court vide Criminal Miscellaneous No. 2203 of 2017.
Heard learned A.P.P. also.
Having heard both sides. In view of the fact that there is no specific allegation against the petitioner and other co-accused have already been granted bail by this Court, let the petitioner, above named, in the event of arrest or surrender before the court below
Patna High Court Cr.Misc. No.4815 of 2017 (2) dt.14-02-2017 2/2 within a period of six weeks, 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 learned Judicial Magistrate 1st Class, Uda Kishunganj, Madhepura in connection with Bihariganj P.S. Case No. 171 of 2016 , subject to conditions 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.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) Vats/- U T