Om Lal Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55217 of 2016 Arising Out of PS.Case No. -337 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Om Lal Kumar Sah S/o Sri Ramdeo Sah R/o - Vill. Nagar Panchayat Bakhri, Ward No. - 9, P.S. - Bakhri, Dist - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Binode Bariar For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 The petitioner is in custody since 24.8.2016 in connection with Begusarai Town P.S. Case No. 337 of 2016, registered for offences punishable under Section 302, 120/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted on behalf of the petitioner that the main allegation is against other co-accused persons including police officials but just to save the police, the petitioner has been made accused in this case. He is in custody for about five months and that will also appear from the materials during investigation at paragraph 64 of the case diary, that the prosecution has named this petitioner.

Heard learned A.P.P. also.

Having heard the learned counsel for both sides and in

Patna High Court Cr.Misc. No.55217 of 2016 (3) dt.31-01-2017 2/3 view of the fact that the petitioner remained in custody for about five months and his name transpired at a later stage and the allegations have been leveled against other co-accused, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S.Case No. 337 of 2016, with following conditions:- (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 reasons, the prosecution is free to move the cancellation of his bail. (Vinod Kumar Sinha, J) A.I./-

Patna High Court Cr.Misc. No.55217 of 2016 (3) dt.31-01-2017 3/3 U