Bhutta Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34968 of 2017 Arising Out of PS.Case No. -153 Year- 2011 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Bhutta Patel Son of Late Indradeo Patel, R/o Village- Suhai Garh, P.S.- Runnisaidur, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No. 153 of 2011, registered for offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner that he along with other co-accused persons killed the son of the informant. It has been submitted on behalf of the petitioner that he has not been named in the F.I.R., his name transpired in this case during the course of investigation only on the basis of suspicion after twenty months of the occurrence. It has further been submitted that only because the petitioner has criminal antecedents, he has been dragged in the present case and other coaccused persons have already been granted bail by Coordinabe

Benches of this Court vide order dated 20.06.2017 passed in Criminal Miscellaneous No. 18379 of 2017 and vide order dated 15.07.2016 passed in Criminal Miscellaneous No. 19990 of 2016 and petitioner has been in custody since 26.09.2013. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also that other co-accused persons have already been granted bail by this Court and petitioner has remained in judicial custody for about four years, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 01st Additional Sessions Judge, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 153 of 2011, subject to the 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 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 reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T