Muklesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42192 of 2017 Arising Out of PS.Case No. -693 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Muklesh Bind, Son of Bhikhari Bind, resident of Village- Sondihara, P.O.- Muthani, P.S.- Bhabua, District- Kaimur, Bhabua. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Radha Mohan Pandey For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Bhabua P.S. Case No. 693 of 2016 G.R. No. 3014 of 2016 for offences punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that there was a fight between the petitioner's side and the informant's side as field of the petitioner was grazed by Nilgaya for which the informant and his family members were brutally assaulted by the petitioner and other co-accused and the family members of the petitioner were also made co-accused. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.42192 of 2017 (2) dt.20-09-2017 2/3 petitioner that he is innocent, bears no criminal history and is counter blast to the earlier case lodged by the petitioner's side regarding fight between the children of both parties being Bhabua P.S. Case No. 692 of 2016. He submits that both the parties are inimical to each other and the injury found on the informant's side is simple in nature and those which have been opined to be grievous is not on the vital part of the body. He submits that the matter is still under investigation and the petitioner undertakes to cooperate in the investigation.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua, Kaimur in connection with Bhabua P.S. Case No. 693 of 2016 (G.R. No. 3014 of 2016), subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner, petitioner will cooperate in the investigation and will not tamper of the prosecution witnesses and that petitioner will appear before

Patna High Court Cr.Misc. No.42192 of 2017 (2) dt.20-09-2017 3/3 the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T