Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.282 of 2019 Arising Out of PS. Case No.-306 Year-2017 Thana- GOPALPUR District- Bhagalpur ====================================================== Saurabh Kumar Son of Pappu Yadav, Resident of Village- Chapar, P.S.- Rangra (Gopalpur), District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jayram Sharma For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Gopalpur (Rangra) P.S. Case No. 306 of 2017 registered for the offence punishable under Sections 341/323/448/34/307 of the Indian Penal Code and Section 27 of the Arms Act.

Informant has alleged that the petitioner entered into his house and fired on him. The other co-accused persons also entered the house of the informant and further assaulted the informant and his family members. The co-accused Feko Yadav and Vikki Yadav also fired there.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is case and counter case between the parties. Petitioner has no criminal antecedent and he is in custody since 05.07.2018.

Patna High Court Cr.Misc. No.282 of 2019(3) dt.07-02-2019 2/2 Considering the aforesaid facts and circumstances of the case, if the charges has already been framed, petitioner be released on bail, and if the charges has not been framed then petitioner be released on bail after framing of charges, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Naugachhiya in connection with Gopalpur (Rangra) P.S. Case No. 306 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) 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.

(S. Kumar, J) Sanjay/- U T