Patna High CourtCR. MISC./48301/2016bail granted

Bulak Sah @ Bullak Sah v. The State Of Bihar

2017-02-03Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.48301 of 2016 (3) dt.03-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48301 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Bulak Sah @ Bullak Sah S/o Late Saryug Sah Resident of VillagePaspura, P.S.- Mufassil, Dist- Begusarai. .... .... 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 03-02-2017 Heard the parties.

This application has been filed in connection with Begusarai Mufassil P.S.Case No.140 of 2016 for the offence under Sections 341, 323 and 307/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation against the petitioner is that he assaulted by the 'But' on the head of the informant and though it is alleged that the injury is grievous in nature, however, it was not with intention to kill the deceased and if it would be so, he would have made firing and not assaulted by the 'But' as well as there is no repetition of the blow and the petitioner is in custody for more than three months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48301 of 2016 (3) dt.03-02-2017 Having heard both sides. In view of the fact that though it is alleged that he has assaulted by "But" but there is no repetition of the blow and there is no case that he has made firing and he is in custody for about five months, let the petitioner, above named, petitioner 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 C.J.M., Begusarai in connection with Begusarai Mufassil P.S.Case No.140 of 2016. (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 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) chn/- U