Shambhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35717 of 2017 ====================================================== Shambhu Ram, son of Late Daroga Ram, R/o Village- Noorsarai, P.S.- Noorsarai, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Noorsarai P.S.Case No. 78 of 2017 registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.

Allegation as per FIR is that petitioner and other coaccused had gone to the house of the informant and there is allegation of firing against other co-accused and causing death of the deceased but the firing shot by petitioner did not hit anybody. It has been submitted on behalf of the petitioner that there is no allegation of causing death against the petitioner and he is in custody for more than four months. Further submission is that there is land dispute between the parties from before and as the petitioner was involved in Panchayati he has been made accused in this case.

Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.35717 of 2017 (2) dt.08-08-2017 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 Sub-Divisional Judicial Magistrate, Nalanda, Biharsharif, in connection with Noorsarai P.S.Case No. 78 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