Sobrati Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54343 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -DURAULI District- SIWAN ======================================================
1. Sobrati Mian Son of Late Multan Mian, R/o Village- Patawa, P.S.- Darauli, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard the parties.
The petitioner seeks regular bail in connection with Darauli P.S.Case No.119 of 2017 registered for offences punishable under Sections 399, 402, 414/34 of the Indian Penal Code and Section 25(1-b)a 26/35 of the Arms Act.
Allegation against the petitioner as per FIR is that the police has arrested the petitioner and other co-accused persons while they were making preparation of dacoity and one loaded pistol has been recovered. It has also been submitted that the petitioner is accused in five other cases.
Submission of the learned counsel for the petitioner he has been arrested near the hosue and he has been falsely implicated because of the fact that he was accused in five cases. All these
cases are of the year, 2013. Now he is in custody for about six months and he is ready to abide by any condition imposed upon him.
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 the learned A.C.J.M. III, Siwan in connection with Darauli P.S.Case No.119 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