Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24124 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ======================================================

1. Ajay Prasad Son of Sri Kailash Prasad, Resident of Village- Tribhuwan Bigha, P.S.- Tharthari, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sidhendra Narayan Singh For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Tharthari P.S.Case No.81 of 2016, registered for offences punishable under Sections 147, 148, 149, 504, 323, 324, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per F.I.R. against the petitioner and other accused persons is of firing on the deceased causing his death.

Submission of the learned counsel for the petitioner is that except the informant, no other witness has supported the allegation of firing by the petitioner during the investigation and the petitioner is in custody for about five months. Heard learned A.P.P. also, who has not converted the

Patna High Court Cr.Misc. No.24124 of 2017 (3) dt.17-07-2017 2/2 above submission of the learned counsel for the petitioner. 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/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa in connection with Tharthari P.S.Case No.81 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 reason, otherwise, his bail bond shall be cancelled.

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