Shyam Bind @ Sham Jmadar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29287 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Shyam Bind @ Sham Jmadar Son of Late Khelawan Bind Resident of Village - Andhana Beldari, P.S. - Noorsarai, District - Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Noorsarai P.S. Case No. 75 of 2024 dated 18.02.2024 registered for the offence punishable under Sections 341, 323, 307, 354(B)/34 of the Indian Penal Code.
3. The prosecution case, in short, is that all the F.IR. named accused persons assaulted the informant by fits and slaps and butt of Hasua. It is further alleged by the informant that accused namely, Raju Bind and Shyam Bind have tried to outrage her modesty.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
case. It is submitted that there is a general and omnibus allegation against all accused persons including the petitioner. The injury report discloses that nature of injury is simple. Lastly, it has been submitted that the petitioner is in custody since 20.02.2024, having two complaint case against him and charge-sheet has already been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st class, Nalanda in connection with Noorsarai P.S. Case No. 75 of 2024, subject to the following conditions:- I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
II. One of the bailors will be his/her own blood relation, preferably father, mother, brother, sister and or his wife.
III. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
IV. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) sudhanshu/- U T