Vishnu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44995 of 2018 Arising Out of PS. Case No.-316 Year-2017 Thana- TRIVENIGANJ District- Supaul ====================================================== Vishnu Bhagat Son of Indra Narayan Bhagat@ Munna Bhagat Resident of Village- Patarghatti, P.S. Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Patla Kumari, Adv For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for petitioner and learned counsel for the State as well as learned counsel for the Informant.

Petitioner seeks bail in Triveniganj P.S. Case No. 316 of 2017 registered for the offence punishable under Sections 341, 323, 326, 307/34 of the Indian Penal Code, Section 27 of the Arms Act and later on Section 302 of the IPC was added. Allegation against the petitioner is of committing murder of the grand-son of the Informant along with FIR named accused persons.

It has been submitted on behalf of the petitioner that there is no allegation of any specific overt act against the petitioner. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order

Patna High Court Cr.Misc. No.44995 of 2018(4) dt.27-09-2018 2/2 dated 09.05.2018 in Criminal Miscellaneous No. 28558 of 2018. Petitioner has got no criminal antecedent and is in custody since 04.01.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

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/- with two sureties of the like amount each to the satisfaction of learned SDJM, Supaul, in connection with Triveniganj P.S. Case No. 316 of 2017, 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 reasonable reason will be sufficient 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) ranjan/- U