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Patna High CourtCR. MISC./64906/2018bail granted

Sanjay Patel v. The State Of Bihar

2018-11-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64906 of 2018 Arising Out of PS.Case No. -84 Year- 2017 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Sanjay Patel, S/o Maheshwar Patel, Rsident of Village- Basantpaatti, P.S. Purnahiya District- Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Parsauni P.s.Case NO.84 of 2017 registered for offences punishable under Sections 307, 353 of the Indian Penal Code and Sections 25(1-b)a, 26 an, 27 and 35 of the Arms Act. Allegation against the petitioner as per FIR is that there was firing and thereafter the police constituted a team and while they were checking, three persons came on a motorcycle and out of them two persons succeeded in fleeing away and the petitioner and another co-accused has been arrested and there is recovery of one country-made pistol and it appears that the petitioner is accused in two other cases also.

Submission of the learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.64906 of 2018 (2) dt.05-11-2018 2/2 he has been falsely implicated in this case. He is in custody since 12.12.2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitmarhi in connection with Parsauni P.S.Case No.84 of 2017.

With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T