Dashrath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59353 of 2018 Arising Out of PS. Case No.-333 Year-2017 Thana- GHORASAHAN District- East Champaran ====================================================== Dashrath Sah S/o Late Ram Ekwal Sah, R/o Vill.- Bakuliya, P.S.- Ghorasahan, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Smt. Anita Kumari CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ghorasahan P.S. Case No. 333 of 2017 registered for the offences punishable under Sections 304-B, 201 and 34 of the Indian Penal Code.

It has been submitted that deceased died due to diorehea and vomiting and his in-laws were present at the time of cremation and subsequently for extraneous reasons instituted this case.

Petitioner has earlier moved this Court for bail vide

Patna High Court Cr.Misc. No.59353 of 2018(2) dt.10-10-2018 2/3 Cr. Misc. No. 6956 of 2018 which was rejected on 06.03.2018 with a liberty to renew his prayer for bail after completion of one year in custody. Petitioner is in custody since 07.09.2017. Chargesheet has been submitted.

Considering the aforesaid facts and circumstances of the case and the observation made in order dated 06.03.2018 passed in Cr. Misc. No. 6956 of 2018, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Sikarahna at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 333 of 2017 with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be

Patna High Court Cr.Misc. No.59353 of 2018(2) dt.10-10-2018 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/ManojU T