Surendra Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53125 of 2017 Arising Out of PS.Case No. -204 Year- 2015 Thana -BRAHMPUR District- BUXAR ======================================================

1. Surendra Noniya, Son of Late Shivgovind Noniya, Resident of VillageBrahampur Lalanjee Ke Dera, P.S.- Brahampur, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Mishra For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Learned counsel for the petitioner seeks permission to add Section 302 of the IPC in the first paragraph of the petitioner. Permission granted.

Heard the parties.

The petitioner seeks regular bail in connection with Brahampur P.S.Case No.204 of 2015, registered for offences punishable under Sections 307/34 of the Indian Penal Code. Petitioner is not named in the FIR and his name transpired during the course of investigation on confession of Munna Chauhan.

Submission of the learned counsel for the petitioner he has been named by one co-accused Munna Chauhan and Munna Chauhan has already been granted bail by this Court, vide order

Patna High Court Cr.Misc. No.53125 of 2017 (2) dt.15-11-2017 2/2 dated 6.3.2017 passed in Cr. Misc. No.780 of 2017 and except that there is nothing against the petitioner. The petitioner is in custody for seven months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Brahampur P.S.Case No.204 of 2015.

With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T