Sk. Kawal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59065 of 2018 Arising Out of PS.Case No. -259 Year- 2017 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sk. Kawal S/o Late Sk. Sahebjan, R/o Vill.- Dakshin Telhua, P.S.- Nautan , District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Nautan P.S. Case No. 259/2017, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 307, 354(B), 504 and 506 of the Indian Penal Code.
Earlier the bail application of the petitioner was rejected by this court vide order dated 02.04.2018 passed in Cr. Misc. 10028/2018 (annexure-1).
It is alleged that petitioner and Sk. Mojamil are said to have assaulted Sk. Babujan, Sk. Bhola and Sk. Shahid with Farsa. Sk. Babujan succumbed to the injury.
It has been submitted that co-accused Sk. Mojamil has
Patna High Court Cr.Misc. No.59065 of 2018 (2) dt.09-10-2018 2/3 been granted bail vide order dated 18.05.2018 passed in Cr. Misc. 19232/2018 (Annexure-4).
Petitioner has no criminal antecedent. He is in custody since 03.07.2017.
Considering the facts aforesaid, the petitioner abovenamed, 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P.S. Case No. 259/2017, 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
Patna High Court Cr.Misc. No.59065 of 2018 (2) dt.09-10-2018 3/3 cancellation of bail of the petitioner.
(S. Kumar, J) Vinita/- U T