Bhudeo @ Chandwa @ Sahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30612 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -BANMANKHI District- PURNIA ======================================================

1. Bhudeo @ Chandwa @ Sahabuddin, son of Naimuddin, resident of Mohalla- Darjipatti, P.S.- Banmankhi, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Banmankhi PS case no. 18 of 2017 registered for the offences punishable under Section 302/34 of Indian Penal Code and Section 27 of Arms Act.

The allegation of the prosecution is regarding nine accused persons firing upon the deceased resulting in his death. Learned counsel for the petitioner submits that there is only one wound, there is no specific allegation as against the petitioner, the petitioner has clean antecedent and is in custody since 27.01.2017. It is further submitted that similarly situated co accused persons namely Anant Kr. Mishra has already been granted bail by this Hon'ble Court in Cr.Misc. no. 18912 of

Patna High Court Cr.Misc. No.30612 of 2017 (2) dt.06-07-2017 2/3 2017.

Having regard to the facts and circumstances of the case, more particularly the fact that the case of the petitioner stands on similar footing with that of the co-accused who has been granted bail by this Hon'ble Court, I deem it fit and appropriate to enlarge the petitioner on regular bail.

Accordingly, abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate- VI, Purnea in connection with Banmankhi PS case no. 18 of 2017 subject to the conditions that :

(i) one of the bailors of the petitioner shall be a local persons having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate 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

Patna High Court Cr.Misc. No.30612 of 2017 (2) dt.06-07-2017 3/3 court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Mohit Kumar Shah, J.) rinkee/- U T