Ashok Sah @ Ashok Shaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78039 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Ashok Sah @ Ashok Shaw S/o Late Lakhan Sah @ Lakhan Shaw, R/o Vill.- Manjhaul, Tola Bajraha, P.O. + P.S.- Cheria Bariarpur (Manjhaul), DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakib Ayaz For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Cheria Bariarpur (Manjhaul) P.S. Case No.55 of 2018 registered for the offence punishable under Sections 147, 148, 149, 427, 447, 504, 506, 379, 385 and 307 of the Indian Penal Code and under Section 27 of the Arms Act.

Informant has alleged that ten FIR named persons uprooted his crops and on resistance, they fired upon him, however, no injury was caused to anyone.

It has been submitted on behalf of the petitioner that he is not named in FIR and has been falsely implicated in this case as there is land dispute the parties. Petitioner has no criminal antecedent and he is in custody since10.10.2018.

Patna High Court Cr.Misc. No.78039 of 2018(2) dt.07-01-2019 2/2 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 amount each to the satisfaction of learned A.C.J.M., Manjhaul, Begusarai in connection with Cheria Bariarpur (Manjhaul) P.S. Case No.55 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T