Patna High CourtCR. MISC./35928/2018bail granted

Sanaulla v. The State Of Bihar

2018-10-25Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35928 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- MANIHARI District- Katihar ====================================================== Sanaulla S/o- Late Mannan Moulvi, resident of Village- Alinagar, Diyara, Kantakosh, P.S. Manihari, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Manihari P.S. Case No. 12 of 2018 registered for the offence punishable under Sections 341, 323, 324, 307, 354(B), 504/34 of the Indian Penal Code. Allegation against the petitioner is of assaulting the Informant and his sister along with FIR named accused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that the parties belong to the same family and are relatives. Petitioner has got no criminal antecedent and is in custody since 16.04.2018. The incident is of 03.01.2018 but FIR was lodged on 09.01.2018. It was family feud and has been amicably settled. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.35928 of 2018(5) dt.25-10-2018 2/2 amount each to the satisfaction of learned Judicial Magistrate1st Class, Katihar, in connection with Manihari P.S. Case No. 12 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U