Shahnawaz @ Sainu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16917 of 2017 Arising Out of PS.Case No. -794 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Shahnawaz @ Sainu S/o Late Baghdad Mian, Resident of Chauraha Mohalla Saidana, P.S. Phulwarisharif, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 Heard the parties.

This application has been filed in connection with Phulwarisharif P.S.Case No.794 of 2016 for the offence under Sections 147, 148, 149, 326 and 307/34 of the Indian Penal Code. Allegation as per the F.I.R. is that the informant was intercepted by six persons including the petitioner and one Kaish Anwar ordered for assault on which all the accused persons started assaulting on him but there is no specific alliteration against the petitioner and thereafter, again one Raja Malick fired from his Pistol against Jaid Anwar. However, it is submitted on behalf of the petitioner that there is no specific allegation against the petitioner rather the specific allegation is against Raja Malik, Jaid Anwar and Nishant. The petitioner is in custody since 17.1.2017. It has also been submitted that earlier also the petitioner had been made accused in another case by this informant, which has been mentioned in para 3 of the petition on oath and due to enmity he

Patna High Court Cr.Misc. No.16917 of 2017 (2) dt.12-04-2017 2/2 has again falsely implicated him in this case. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, and there is no specific allegation against the petitioner, 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 Mrs. Shema Eram, J.M. Ist Class, Patna in connection with Phulwarisharif P.S.Case No.794 of 2016. 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 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.

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