Arvind Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69256 of 2018 Arising Out of PS. Case No.-95 Year-2013 Thana- DHAMDAHA District- Purnia ====================================================== Arvind Uraon son of Late Numu Lal Uraon resident of Village- Kukrown No. 1 P.S. Dhamdaha District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Dhamdaha P.S. Case No. 95 of 2013 registered for the offence punishable under Sections 147, 148, 149, 307, 302, 201, 120(B) 504 of the Indian Penal Code. Informant has alleged that her husband (deceased) had business of brick kiln and on 24.05.2013 at about 12:30 PM when she alongwith Kailash Mandal were going to Panchyat, in the meantime, all FIR named accused and 40-50 unidentified persons variously armed with deadly weapons i.e arrow, bow, lathi, danda, Dabiya came near her husband and started assaulting her husband and thereafter threw in burning fire. Police came and recovered burnt dead body of the husband of the informant.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.69256 of 2018(3) dt.04-12-2018 2/2 he is innocent and has been falsely implicated in this case. There is no specific allegation against petitioner. Similarly co-accused persons have been granted bail by a co-ordinate Benches of this Court as contained in Annexure- 2 series. Petitioner has no criminal antecedent and he is in custody since 07.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Dhamdaha P.S. Case No. 95 of 2013 subject to the conditions that:-

(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 properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T