Bhola Nonia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31677 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Bhola Nonia, aged about 40 years, Male, S/o Late Sheo Lochan Nonia, R/o Village- Masoi, P.S.- Chainpur, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, adv.

For the Opposite Party/s :

Mr. Murli Dhar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-08-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 341, 323, 324, 307, 302 and 504/34 of the Indian Penal Code.

Allegation against petitioner and other co-accused persons is of assaulting the informant's father by means of Pasuli, Lathi and Danda and also assaulted the informant, his brother and his wife. The informant's father sustained injury and

Patna High Court CR. MISC. No.31677 of 2019(4) dt.17-08-2019 2/3 died in course of treatment.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Similarly placed co-accused Osiar Nonia has been granted bail by co-ordinate bench of this court vide order dated 23.04.2019 passed in Cr. Misc. No. 6240 of 2019.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Chainpur P.S. Case No. 91 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.31677 of 2019(4) dt.17-08-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T