Budhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65876 of 2018 Arising Out of PS. Case No.-408 Year-2018 Thana- MANER District- Patna ====================================================== Budhan Singh Son of Late Bakhora Singh, R/o Goraiyasthan, P.S.- Maner, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ghanshyam Tiwary For the Opposite Party/s :
Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307,302,379 IPC and Section 27 of the Arms Act registered in connection with Maner P.S. Case No. 408/2018.
3. It is submitted that the petitioner has been falsely implicated and even according to the FIR itself main assailants who caused fire arm injury are said to be co-accused Manoj Kumar and Vijay Rai and firing by other persons admittedly caused no injury. There is admitted land dispute between the parties. The petitioner claims clean antecedents.
4. Learned APP assisted by learned counsel for the informant opposes the anticipatory bail petition.
5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sushri Nutan Kumari, learned Judicial Magistrate Ist Class, Danapur, Patna in
Patna High Court CR. MISC. No.65876 of 2018(4) dt.28-03-2019 2/2 connection with Maner P.S. Case No. 408/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T