Babli Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20752 of 2020 Arising Out of PS. Case No.-739 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== BABLI MIYA Son of Sabu Miya @ Sahab Tanbeer Resident of Muhalla - Khetari, P.S. - Ara Nagar, Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Sr. Adv Mr.Rajani Ranjan Pd. Singh, Adv.
For the Opposite Party/s :
Mr.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is an accused in connection with Sessions Trial No. 117 of 2019 arising out of Ara Nagar P.S. Case No. 739 of 2018 for the offence registered under Sections 387, 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the instant case. Earlier prayer for bail of the petitioner was rejected vide order dated 11.09.2019 passed in Cr. Misc. No. 37510 of 2019. It is further submitted that similarly situated accused person has already been granted bail by a Bench of this Court vide order dated
Patna High Court CR. MISC. No.20752 of 2020(5) dt.11-11-2020 2/2 23.01.2020 passed in Cr. Misc. No. 55575 of 2020. Having considered the above facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing personal bail bond to the satisfaction of A.D.J - IX, Bhojpur at Ara in connection with Sessions Trial No. 117 of 2019 arising out of Ara Nagar P.S. Case No. 739 of 2018, subject to the following conditions :- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court, and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the Court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Arvind Srivastava, J) Jagdish/- U T