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Patna High CourtCR. MISC./59099/2018bail granted

Puran Rajak v. The State Of Bihar

2018-10-08Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59099 of 2018 Arising Out of PS.Case No. -87 Year- 2017 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Puran Rajak, Son of Tangar Rajak, resident of Village- Barhari, Police Station- Jagdishpur (Goradih) and District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Deepak Kumar Sinha For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jagdishpur (Goradih) P.S. Case No.87 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 332, 353, 224, 225, 307 and 504 of the Indian Penal Code. As per F.I.R. when the police party reached at the village Barhari to arrest the warranty Tangar Rajak (father of this petitioner), this petitioner and other accused attacked on the police party and got the warranty escaped from the house. It has been submitted that this petitioner has been falsely implicated in the case. The father of this petitioner was allowed bail by the court below on 10.04.2017 and so there is no

Patna High Court Cr.Misc. No.59099 of 2018 (2) dt.08-10-2018 2/2 question to his escape from the house. The petitioner is in custody since 13.06.2018 having clean antecedent and so he deserves bail. The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No.87 of 2017, subject to the 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (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 for cancellation of his bail. (Sanjay Kumar, J) Harish/- U