Kari Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46886 of 2021 Arising Out of PS. Case No.-69 Year-2013 Thana- BHARGAMA District- Araria ====================================================== KARI URAON S/O RAMDEV URAON R/o village- Shankarpur, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

Learned counsel for the petitioner is permitted to make necessary correction in the bail application in course of the day in view of the supplementary affidavit filed on behalf of the petitioner.

The petitioner seeks regular bail in connection with Bhargama P.S. Case No. 69 of 2013 for the offence punishable under Sections 147, 323, 341, 324, 325 and 307/34 of the Indian Penal Code.

The prosecution case, in brief, is that while the

Patna High Court CR. MISC. No.46886 of 2021(2) dt.21-03-2022 2/3 petitioner along with other accused persons were ploughing the field of the informant, the informant protested. On which the petitioner assaulted the informant by means of bow and arrow. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that though the informant has alleged that the petitioner has assaulted him by means of bow and arrow, but he has not given any specific statement as to on which part of the body he has received the injury which falsifies the entire allegation made by the informant. There is admitted land dispute between the parties with respect to Survey Plot No.1256 appertaining to Khata No.364 situated in village Shankarpur, District - Araria. Petitioner has clean antecedent and is in custody since 05.02.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation against the petitioner as well as period of custody, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.46886 of 2021(2) dt.21-03-2022 3/3 to the satisfaction of the learned Sessions Judge, Araria in connection with Bhargama P.S. Case No. 69 of 2013, subject to the 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.

(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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T