Baijnath Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.43734 of 2018 (4) dt.24-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43734 of 2018 Arising Out of PS.Case No. -236 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ====================================================== Baijnath Mandal S/o late Narayan Mandal R/o Village- Gogara, P.S. Azamnagar, District- Katihar(Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Giri, Adv. For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for petitioner learned counsel for informant and learned A.P.P. for the State.

The petitioner seeks bail in Azamnagar (Salmari O.P.) P.S. Case No. 236/2016 corresponding to Sessions Trial No. 136/2018, registered for the offences punishable under Sections 302, 307 and 34 of the Indian Penal Code and section 27 of Arms Act.

Allegation is causing fire-arm injury to Md. Tanwir on his right shoulder.

As per injury report, nature of injury sustained on the person of injured is simple. Petitioner has no criminal antecedent. He is in custody since 15.01.2018.

However, learned counsel for informant and learned A.P.P. vehemently opposed the prayer for bail. Considering the facts aforesaid, the petitioner above-

Patna High Court Cr.Misc. No.43734 of 2018 (4) dt.24-09-2018 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge II, Katihar in connection with Azamnagar (Salmari O.P.) P.S. Case No. 236/2016 corresponding to Sessions Trial No. 136/2018 , subject to the 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(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) Vinita/- U