Arun Kumar @ Arun Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18130 of 2017 Arising Out of PS.Case No. -59 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================
1. Arun Kumar @ Arun Ram Sono f Birendra Ram Resident of VillageRatanpur, P.S. Bhagwanpur, District-Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 The petitioner seeks regular bail in connection with Bhagawanpur P.S. Case No. 59/14, registered for offences punishable under Sections 302, 323, 504/34 of the Indian Penal Code.
Allegation against the petitioner that he along with other co-accused person assaulted the deceased, who died on spot. It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner and also post mortem report did not show any injury over the person of the deceased. Further other similarly situated co-accused has already been granted bail by this Court vide order dated 16.01.2015 passed in Criminal Miscellaneous No. 34602 of 2014 and petitioner has been in custody since 28.12.2016.
Heard learned A.P.P. also.
Having heard both sides, in view of the fact that only general and omnibus allegation has been levelled against the
Patna High Court Cr.Misc. No.18130 of 2017 (2) dt.21-04-2017 2/2 petitioner and other similarly situated co-accused persons have already been granted bail by this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 59 of 2014,subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U