Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9178 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -HASPURA District- AURANGABAD ====================================================== Mritunjay Kumar, son of Jai Ram Singh, resident of village - Jajapur, P.S. Goh, District - Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Haspura P.S.Case No. 233 of 2016 registered for the offences punishable under Sections 341, 323, 386, 504/34 of the Indian Penal Code and 37(B) of Bihar Excise Act, 2016. It has been submitted on behalf of the petitioner that from the FIR it appears that petitioner have not assaulted the informant and no such occurrence took place and the fact is that there is dispute with regard to change of the note and petitioner is in custody for two months.

Heard learned APP also.

Having heard both sides and considering the nature of allegation coupled with the fact that petitioners have remained in

Patna High Court Cr.Misc. No.9178 of 2017 (2) dt.28-02-2017 2/2 custody for two months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Haspura P.S.Case No. 233 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U