Hasan @ Abu Hasan v. The State Of Bihar

Patna High Court Cr.Misc. No.42702 of 2017 (3) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42702 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -RAUTA District- PURNIA ======================================================

1. Hasan @ Abu Hasan son of Late Abdul Ajij @ Jahir Seth, Resident of Village- Domuhani, P.S.- Routa, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Dev, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP For Informant : Mr. Firoz Ahmad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The petitioner seeks regular bail in connection with Routa P.S. Case No. 72 of 2017, registered for offences punishable under Section 302/120B of the Indian Penal Code. Allegation as per F.I.R is that petitioner caught hold the deceased allowing other person to assault the deceased by dabiya, resulting in death of the deceased.

It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against the petitioner in the background of land dispute and further there is no allegation against the petitioner of assaulting the deceased and he has been in judicial custody since 11.07.2017. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail. Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.42702 of 2017 (3) dt.16-10-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Purnea, in connection with Routa P.S. Case No. 72 of 2017, subject to the 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 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 court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T