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Patna High CourtCR. MISC./64965/2018bail granted

Lakhan Rajbanshi v. The State Of Bihar

2018-11-05Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64965 of 2018 Arising Out of PS.Case No. -213 Year- 2017 Thana -KAUWAKOL District- NAWADA ====================================================== Lakhan Rajbanshi Son of Bishundhari Rajhbanshi Resident of VillageBenipur,P.S. Kawakola,Distt.-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Kawakola (Rupaur) P.S. Case No. 213/2017 corresponding to Sessions Trial No. 258/2018, registered for the offences punishable under Sections 147, 148, 149, 341, 324, 307, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

Allegation against the petitioner and other accused persons is that they made indiscriminate firing upon the informant and family members which did not hit them. Chandan Yadav made firing on the informant which hit near his chest. It has been submitted that petitioner has falsely been implicated in this case. There is omnibus and general allegation against him. Specific allegation is against co-accused Chandan

Patna High Court Cr.Misc. No.64965 of 2018 (2) dt.05-11-2018 2/2 Yadav.

Petitioner has no criminal antecedent. He is in custody since 20.04.2018.

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, Nawada in connection with Kawakole (Rupaur) P.S. Case No. 213/2017 corresponding to Sessions Trial No. 258/2018, 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 properly represented on each and every date fixed by the court.

(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 T