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Patna High CourtCR. MISC./50879/2018bail granted

Nand Lal Chauhan @ Nandan @ Chauhan v. The State Of Bihar

2018-11-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50879 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- SIWAN RAIL P.S. District- Saran ====================================================== Nand Lal Chauhan @ Nandan @ Chauhan Son of Prabhunath Chauhan, resident of Village- Khurmabad (Lalita Bus Stand), P.S. Muffasil, DistrictSiwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar Singh For the Opposite Party/s :

Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Siwan (Thawe) Rail P.S. Case No. 41 of 2018 registered for the offence punishable under Sections 323, 341, 506, 307/34 of the Indian Penal Code.

Allegation against petitioner is of firing upon the informant causing injuries in his arms and near shoulder and one country made pistol was also recovered from his hand. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case by the police merely on suspicion. There is no grievous injuries found on the arm and hand of the informant. Petitioner is in

Patna High Court Cr.Misc. No.50879 of 2018(3) dt.06-11-2018 2/2 custody since 04.05.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate (Railway), Sonepur, Saran, in connection with Siwan (Thawe) Rail P.S. Case No. 41 of 2018 subject to the conditions that:-

(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 represented on each and every date fixed by the court.

(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) veena/- U T