Patna High CourtCR. MISC./48334/2018bail granted

Bachhan Kumar @ Bachchan Kumar v. The State Of Bihar

2018-10-01Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48334 of 2018 Arising Out of PS.Case No. -294 Year- 2017 Thana -KHIJARSARAI District- GAYA ======================================================

1. Bachhan Kumar @ Bachchan Kumar son of Navlesh Das, resident of Village- Nagariyanwa, Police Station- Khizersarai, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 The petitioner is in custody since 19.10.2016 in connection with Khizersarai P.S. Case No. 294 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 325, 307 and 302 of the Indian Penal Code.

Allegation against the petitioner and others is of assault to the deceased, causing his death.

It has been submitted on behalf of the petitioner that no specific allegation has been attributed to the petitioner rather only general and omnibus allegation has been levelled and specific allegation is against one Ganauri Das, who assaulted the deceased by iron rod. Petitioner has been in judicial custody since 30.05.2018 and other co-accused having similar allegation has already been enlarged on bail by a coordinate Bench of this Court

Patna High Court Cr.Misc. No.48334 of 2018 (4) dt.01-10-2018 2/3 vide order dated 11.04.2018 passed in Cr. Misc. No. 19598 of 2018 and vide order dated 07.05.2018 passed in Cr. Misc. No. 27220 of 2018.

Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, 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 ACJM-VII, Gaya, in connection with Khizersarai P.S. Case No. 294 of 2017, with 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

Patna High Court Cr.Misc. No.48334 of 2018 (4) dt.01-10-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T