Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40575 of 2020 Arising Out of PS. Case No.-806 Year-2019 Thana- MASAUDHI District- Patna ====================================================== RAJA SON OF AWADHESH PRASAD SINGH RESIDENT OF MANICHAK, P.S. MASAURHI, DISTRICT- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Asfar Alam For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2021 Heard both parties.
The petitioner seeks bail in Masaurhi P.S. Case No. 806 of 2019, registered for the offence punishable under Section 307/34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, informant's father was shot dead while he was sitting outside the house of informant's sister by this petitioner along with co-accused Chandan. It is submitted on behalf of the petitioner that petitioner is innocent and has been framed in this case only due to land dispute between the parties and petitioner is none else than nephew of the informant. Chargesheet has already been submitted. Petitioner is in custody since 16.03.2020 having no criminal antecedent.
Considering the facts and circumstances of the case,
Patna High Court CR. MISC. No.40575 of 2020(2) dt.19-02-2021 2/2 the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 806 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T