Sambhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70254 of 2018 Arising Out of PS. Case No.-384 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== Sambhu Ram, Son of Harihar Ram, Resident of Village- Phuliyakhanar, Police Station- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Nautan P.S. Case No. 384 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307, 147 and 149 of the Indian Penal Code.

Allegation against petitioner is of assaulting the husband of informant along with all co-accused, as a result of which he sustained injuries and his right hand became disactive. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. There is general and omnibus allegation against all accused. There is case and counter case. He has no criminal antecedent and he is in custody since 05.08.2018.

Considering the aforesaid fact and circumstances of

Patna High Court Cr.Misc. No.70254 of 2018(3) dt.07-12-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P.S. Case No. 384 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/ManojU T