Patna High CourtCR. MISC./50090/2017bail granted

Butta Kahar v. The State Of Bihar

2017-11-10Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.50090 of 2017 (3) dt.10-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50090 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -KHIJARSARAI District- GAYA ======================================================

1. Butta Kahar S/o Munna Kahar, R/o Village- Baijnathpur, P.S.- Khizersarai, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Priyank Deepak For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 The petitioner seeks regular bail in connection with Khizersarai P.S. Case No. 84 of 2017, registered for offences punishable under Section 302/34 of the Indian Penal Code. Allegation against the petitioner and others is of assaulting the brother of the informant, who during course of treatment died.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case, which will appear from the fact that police after investigation has submitted charge-sheet under Section 279 and 304A of Indian Penal Code. Further petitioner has been in judicial custody since 22.08.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two

Patna High Court Cr.Misc. No.50090 of 2017 (3) dt.10-11-2017 sureties of the like amount each to the satisfaction of learned ACJM -VIIth, Gaya, in connection with Khizersarai P.S. Case No. 84 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