Chandan Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63188 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -SIKANDARA District- JAMUI ======================================================
1. Chandan Mistry, Son of Bano Mistry, resident of village - Kurhadih, P.S. - Sikandra, District - Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sikandra P.S. Case No.111 of 2016 registered for the offences punishable under Sections 307, 341, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that when informant, Nageshwar Mahto was going to his house by motorcycle, one co-accused Pramod Mahto intercepted him and enquired about his destination and when informant reached at Rampur More, some criminals fired upon him causing injury over his right thigh and it has been disclosed that the above acts have been conspired by Bano Mistry and this petitioner. The co-accused Bano Mistry has been allowed bail by one of the coordinate Bench of this Court in
Patna High Court Cr.Misc. No.63188 of 2017 (2) dt.11-01-2018 Cr.Misc.No.26191 of 2017 on 01.07.2017. The case of the petitioner stands on similar footing. The petitioner is in custody since 06.02.2017.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Sikandra P.S. Case No.111 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) 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. (Sanjay Kumar, J) U Harish/-