Surendra Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9890 of 2017 Arising Out of PS.Case No. -3 Year- 2016 Thana -SUIYA District- BANKA ====================================================== Surendra Hembram, S/o Late Sukhdev Hembram, Resident of village - Baghela, Police Station - Suiya, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Suiya P.S. Case No. 03 of 2016, registered for offences punishable under Sections 147, 148, 149, 307, 504 of the Indian Penal Code and Section 302 IPC which has been added subsequently.

It is submitted on behalf of the petitioner that the allegation against the petitioner is not of assault to the deceased rather to the informant and his brother but the injuries are found to be simple in nature. The petitioner is in custody since 20.10.2016.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts

Patna High Court Cr.Misc. No.9890 of 2017 (3) dt.10-04-2017 2/2 stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-1, Banka in connection with Suiya P.S. Case No. 03 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate 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 reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T