Budhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38968 of 2018 Arising Out of PS. Case No.-1 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== Budhan Singh S/o Vakil Singh, R/o Vill.- Panaila, P.S.- Karagahar (Barahari O.P.), District- Rohtas.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Surendra Kumar Choubey, Adv.

For the Opposite Party :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-08-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Karagahar (Barahari O.P.) P.S. Case No. 01 of 2018 registered for the offences punishable under Sections 341, 323, 504, 506 and 307 of the Indian Penal Code and under Section 25(1-b)A, 26, 27 and 35 of the Arms Act. Informant is the father of petitioner, who in his written complaint has alleged that petitioner put his country made pistol over his chest and triggered it but it was misfire and thereafter he fled away and he was caught by the police and from his possession one empty country made pistol was recovered. It has been submitted by learned counsel for the petitioner that allegations are false due to family and property dispute he has been made accused in this case. He is in custody

Patna High Court Cr.Misc. No.38968 of 2018(3) dt.25-08-2018 2/2 since 03.01.2018.

Considering the aforesaid fact 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 A.C.J.M., Sasaram at Rohtas in connection with Karagahar (Barahari O.P.) P.S. Case No. 01 of 2018 with 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(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.

(S. Kumar, J.) Rajiv/manoj U T