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Patna High CourtCR. MISC./2769/2019bail granted

Sattan Das v. The State Of Bihar

2019-01-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2769 of 2019 Arising Out of PS. Case No.-203 Year-2018 Thana- BARHARA KOTHI District- Purnia ====================================================== Sattan Das son of Late Khakhru Das, resident of Vill-Basudeopur Jagah Tola, P.S. Barhara, District- Purnea.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ranjeet Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 325, 307, 506 and 34 of the Indian Penal Code registered in connection with Barhara P.S. Case No. 203 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event the accusation of assault upon Pappu Das is general and omnibus against three persons including the petitioner. Moreover, the injuries sustained by Pappu Das is simple in nature and does not support the accusation that both his arms had been broken. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.2769 of 2019(2) dt.22-01-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateII, Purnea in connection with Barhara P.S. Case No. 203 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T