Bachcha Khan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49500 of 2016 Arising Out of PS. Case No. -76 Year- 2016 Thana -RAMNAGAR District- WEST CHAMPARAN (BETTIAH) ======================================================
1. Bachcha Khan S/o late Fulohammd Khan
2. Hasarat Khan S/o Bachcha Khan
3. Bholu Khan S/o Bachcha Khan All are R/o Village- Dhanarapa, P.S.- Ramnagar, P.S.- Ramnagar, District- West Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Shantanu Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioners as well as learned A.P.P for the State.
The petitioners seek bail in connection with Ramnagar P.S. Case No. 76 of 2016 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 504 and 302 of the Indian Penal Code.
Prosecution case is that the petitioners and other coaccused assaulted the informant brutally causing head injury to the informant. After that the petitioners and the co-accused fled away from the place of occurrence and with the help of villagers, the informant was brought to Ramnagar hospital from there he was referred to Gorakhpur hospital for better treatment. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The
Patna High Court Cr.Misc. No.49500 of 2016 (2) dt.13-12-2016 2/2 petitioners have falsely been implicated in the present case and they are languishing in custody since 12.07.2016. Chargesheet has been submitted in the present case and there is no allegation of tampering with the evidence against the petitioners. It is further submitted that co-accused Jiyauddin Khan has been granted bail by the Hon'ble Court vide Cr. Misc. No. 35780 of 2016. In the facts and circumstances stated above, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 76 of 2016.
This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned court below, as may be directed.
In terms of the above observations and directions, this bail application shall stand disposed of. (Arvind Srivastava, J) Mishra/- U T