Laxman Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53685 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- MANSI District- Khagaria ====================================================== LAXMAN SAO Son of Khiro Sah Resident of Village - Chutki, P.S.- Mansi, Distt - Khagaria, Pin - 851214 ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ranjit Jha, Advocate For the Opposite Party :

Mr.Pramod Kumar Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 386,307,504,506/34 of the Indian Penal Code read with section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and offence under section 307 of Indian Penal Code is not made out against him. Compromise has also been arrived at between the parties as per Annexure 2 to the supplementary affidavit. Petitioner is in custody in the instant case since 30.4.2019 having no criminal antecedent. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. Learned counsel for the State opposes the prayer for bail.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Patna High Court CR. MISC. No.53685 of 2019(3) dt.16-11-2019 2/2 Khagaria in Mansi Police Station Case No. 7 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T