Gautam Kumar @ Ghonta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51090 of 2017 Arising Out of PS.Case No. -274 Year- 2017 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Gautam Kumar @ Ghonta Son of Pradeep Mahto Resident of MohallaGarhpar (Sinduriya Patti), P.S.- Biharsharif, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sessions Trial No.593 of 2017 arising out of Bihar P.S.Case No.274 of 2017 registered for offences punishable under Sections 341, 323, 504, 506, 384 and 307/34 of the Indian Penal Code. Allegation against the petitioner is of demand of extortion money and when it was not fulfilled, he entered inside the house of the petitioner and assaulted the nephew of the informant causing injury to him.

Submission of the learned counsel for the petitioner is that no such occurrence has taken place and he has been falsely implicated in this case as there was some scuffle between the injured and the petitioner and even the injuries were found to be simple in nature, which will appear from Annexure 2 of the

Patna High Court Cr.Misc. No.51090 of 2017 (2) dt.13-11-2017 2/2 petition and he is in custody for about five months as well as no case of Rangdari was earlier lodged against the petitioner. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as 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 Ist Additional Sessions Judge, Nalanda at Biharsharif in connection with S.T.No.593 of 2017 arising out of Bihar P.S.Case no.274 of 2017.

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 in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T