Indrashan Patel @ Igrashan Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41786 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. INDRASHAN PATEL @ IGRASHAN PATEL Son of Late Nathuni Patel, R/o Village- Singhpur, P.S.- Mainatand, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 As prayed for, learned counsel for the petitioner is permitted to make necessary correction in para -9 of the petition. The petitioner seeks regular bail in connection with Mainatand P.S. Case No. 108 of 2016, registered for offences punishable under Sections 188, 382 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner that in spite of the order of this Court passed in Cr. W.J.C. 426 of 2015, he along with other co-accused persons forcibly continued to harvest the paddy crops from the agricultural field of the informant on the point of gun.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and other similarly situated person has already been granted the privilege of regular bail by this Court vide order dated 17.05.2017 passed in Cr. Misc. No.
20754 of 2017 and petitioner has no criminal antecedent and has been in judicial custody since 12.07.2017.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case and as other similarly situated accused person has already been granted bail by this court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bettiah, West Champaran, in connection with Mainatand P.S. Case No. 108 of 2016, 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) 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 for cancellation
of his bail.
(Vinod Kumar Sinha, J) sunil/- U T