Hajari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 23479 of 2018 Arising Out of PS.Case No. -815 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Hajari Sah S/o Late Tileshwar Sah, R/o Vill.- Khairaha, P.S.- Dehri Nagar, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms Usha Kumari-1, Advocate For the S t a t e : Mr Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2018 Heard the learned counsel for the petitioner, informant and the APP for the State.

Petitioner seeks bail in a case initially registered under Section 307 of Indian Penal Code and Section 27 of Arms Act but later on converted into Section 302 of Indian Penal Code. It is submitted by the petitioner's counsel that having no criminal antecedent, the petitioner has been implicated in this case only on the basis of suspicion. From the statement of the witnesses, which has come in the investigation, it is evident that at best, petitioner was wandering around and talking on mobile phone at the place of occurrence. Specific allegations are against co-accused Rajan Singh. Petitioner is in custody since

Patna High Court Cr.Misc. No.23479 of 2018 (3) dt.24-05-2018 2/2 03.12.2017.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Dehri, District - Rohtas in Dehri Nagar Police Station Case No 815 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T