Chhotu Sonar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20756 of 2018 Arising Out of PS.Case No. -192 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ====================================================== Chhotu Sonar S/o Dinesh Sonar @ Dinesh Kumar Gupta, R/o Vill.- Jawaher Tola , P.S.- Ara Nawada, Distt.- Bhojpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 06.12.2017 in connection with Ara Nawada P.S. Case No. 192 of 2017 for the offence registered under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that admittedly, the main allegation is against Suraj Paswan and Sethi Paswan and not against the present petitioner. The petitioner is not named in the first information report. During the course of investigation, the name of the petitioner has been attached and he is facing the prosecution in connection with the present case. Diary of the present case was called for which has
since been received.
Learned counsel for the petitioner submits that even in the case diary, there is no further material so as to implicate the petitioner in connection with the present case. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 192 of 2017, subject to the following conditions :-
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned
Court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J) Jagdish/- U T