Santosh Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17763 of 2017 Arising Out of PS.Case No. -249 Year- 2016 Thana -BRAHMPUR District- BUXAR ======================================================

1. Santosh Kumar Jaiswal, Son of Sri Mukhlal Jaiswal, resident of VillageBrahmpur, P.S.- Brahmpur, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhay Kumar Singh : Mr. Parmatma Singh For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 The petitioner seeks regular bail in connection with Brahmpur P.S. Case No. 249 of 2016, registered for offences punishable under Section 302 Indian Penal Code and Section 27 of Arms Act.

It has been submitted on behalf of the petitioner that petitioner has not been named in the F.I.R, his name has been dragged in this case only on the basis of suspicion as there was some money dispute between the parties. Further no incriminating article has been recovered from the petitioner. Petitioner has been in judicial custody since 28.12.2016.

Heard learned A.P.P. and learned counsel for the informant. They have opposed the prayer for bail, however, they could not controvert the fact that save and except the confessional statement of petitioner, there is nothing against him. Having heard both sides, considering the facts and circumstances of the case and also except suspicion there is

Patna High Court Cr.Misc. No.17763 of 2017 (2) dt.19-04-2017 2/2 nothing on record, as such, , let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Brahmpur P.S. Case No. 249 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 bonds.

(Vinod Kumar Sinha, J) sunil/- U