Hari Bansh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26750 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Hari Bansh Rai Son of Late Sitab Lal Rai, resident of Village- Fulwariya, P.S. Garkha, District Saran at Chapra.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Garkha P.S.Case No. 102 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Petitioner is named in the FIR and allegation against him is that he caused death of son of the informant. It has been submitted on behalf of the petitioner that FIR itself shows that none was eye-witness of the occurrence and he has been implicated only on the basis of suspicion due to previous land dispute and in the entire case diary there is nothing against the petitioner except suspicion due to land dispute and petitioner is in custody for more than four months. Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.26750 of 2017 (3) dt.14-07-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Saran at Chapra, in connection with Garkha P.S.Case No. 102 of 2017, G.R. No. 1535 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U