Laltu Raut @ Sanjay Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33275 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Laltu Raut @ Sanjay Patel, son of Shiv Nath Raut, Resident of VillageBalganga, Police Station- Raghunathpur, O.P. District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 Heard the parties.
The petitioner seeks regular bail in connection with Turkaulia (Raghunathpur) P.S.Case No.79 of 2017 registered for offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation as per F.I.R. against the petitioner is that the informant heard sound of firing and found injuries on the person of his brother. Further allegation is that he saw three persons including the petitioner fleeing from the place of occurrence.
Submission of the learned counsel for the petitioner is that there is no eye witness of the actual occurrence, even if it is believed that three persons were involved in the occurrence, only one injury has been found on the person of the injured. The
Patna High Court Cr.Misc. No.33275 of 2017 (3) dt.01-08-2017 2/3 petitioner is in custody for about three months. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the injuries are grievous in nature and he could not controvert the above facts that no specific allegation has been levelled against the petitioner. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned C.J.M., Motihari in connection with Turkaulia (Raghunathpur) P.S.Case No.79 of 2017. With 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 co-operate 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, otherwise, his bail bond shall be cancelled.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T
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