Patna High CourtCR. MISC./16821/2018bail granted

Jay Prakash Sah v. The State Of Bihar

2018-04-26Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.16821 of 2018 (3) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16821 of 2018 Arising Out of PS.Case No. -50 Year- 2017 Thana -NAYAGAON District- BEGUSARAI ====================================================== Jay Prakash Sah S/o Late Lutan Sah resident of Village - Singhpur, P.S. - Nayagaon, District - Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar, Advocate For the Opposite Party : Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 307/379 and other allied sections of the IPC. Learned counsel for the petitioner submits that in fact the altercation took place between the parties in respect of which one Nayagaon Police Station Case No. 49 of 2017 has been lodged by the petitioner's brother and subsequent thereto, the instant case has been lodged implicating the petitioner since in course of altercation it appears that the victim sustained injuries which led to his death.

He further submits that the general and omnibus allegation has been levelled against all the accused persons and the petitioner has no criminal antecedent and two similarly situated co-accused have already been granted bail vide order dated 27.2.2018, passed in Cr. Misc No.

Patna High Court Cr.Misc. No.16821 of 2018 (3) dt.26-04-2018 10.10.2017.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Nayagaon Police Station Case No. 50 of 2017 on the following grounds:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and (b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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