Hurai Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18088 of 2018 Arising Out of PS.Case No. -28 Year- 2017 Thana -PIRI BAZAR District- LAKHISARAI ====================================================== Hurai Bind S/o Late Chhakku Bind, R/o Village- Tumani, P.S.- Piri Bazar, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Sri Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 147, 148, 149, 323, 504, 324, 326, 307, 506 of the Indian Penal Code and later on Section 302 IPC has been added.

It is submitted by the petitioner's counsel that having no criminal antecedent the petitioner who is aged 90 years old has falsely been implicated in this case. It is submitted that falsity of the allegation is evident from the fact that only one injury has been found whereas it is alleged that petitioner along with seven others have assaulted the deceased. Petitioner is in jail custody since 20.01.2018 In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.18088 of 2018 (3) dt.04-05-2018 2/2 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 28 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(iii) The petitioner will not intimidate or influence the informant and the witnesses.

(Madhuresh Prasad, J) Prakash/- U T