Jethan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74219 of 2018 Arising Out of PS. Case No.-194 Year-2018 Thana- DHANARUA District- Patna ====================================================== Jethan Bind S/o Chaitu Bind, R/o Village - Bir Bind Toli, P.S.-Dhanarua, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Dhanarua P.S. Case No.194/2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant who is the wife of the deceased has alleged that on 04.06.2018 while his husband was irrigating the plant and she had gone there, five FIR named accused came there and specific allegation against Birendra Bind of causing indiscriminate firing upon the husband of the informant as a result of which he died on the spot.

It has been submitted on behalf of the petitioner that he is innocent and he has falsely been implicated in this case due to village politics. It has further been submitted that there is no

Patna High Court Cr.Misc. No.74219 of 2018(2) dt.13-12-2018 2/3 allegation of firing against the petitioner. Petitioner has no criminal antecedent and he is in custody since 13.07.2018. Similarly placed Sonu Bind has already been granted bail by this Court vide order dated 03.12.2018 passed in Cr. Misc. No.68868 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi, Patna in connection with Dhanarua P.S. Case No.194/2018, 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

Patna High Court Cr.Misc. No.74219 of 2018(2) dt.13-12-2018 3/3 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