Panchu Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46218 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -PIPRA District- SUPAUL ======================================================

1. Panchu Sah, S/o Late Soman Sah,

2. Gurudeo Sah S/o Panchu Sah, Both R/o Vill.- Rajpur Tola Bela, P.S.- Pipra, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2018 Heard the parties.

The petitioners seek regular bail in connection with Pipra P.S.Case no.20 of 2018 registered for offences punishable under Section 307 of the IPC and Section 27 of the Arms Act. Petitioners are not named in the FIR and later on it appears that in the re-statement, name of the petitioners, who happen to be father and uncle of the informant, has been inserted stating that they had been seen fleeing away from the place of occurrence. Submission of the learned counsel for the petitioners there is land dispute with respect to partition and for that they have been falsely implicated in this case as they are not named in the FIR. Petitioners are in custody for more than six months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.46218 of 2018 (3) dt.18-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of ACJM-III, Supaul in connection with Pipra P.S.Case nO.20 of 208 With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T