Om Prakash Choutala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72459 of 2018 Arising Out of PS. Case No.-321 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Om Prakash Choutala, Son of Harendra Sahani, Resident of Village-Dharu Patti, P.S.-Aurai, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Kanti P.S. Case No. 321/2018 registered for the offence punishable under Sections 307, 393 of the Indian Penal Code and Section 27 of the Arms Act. Informant in his fardbeyan has stated that when he was going to Gopalpur from his motorcycle, two accused persons dashed his motorcycle as a result of which he fell down. Thereafter, the miscreants started opening the dickey of the motorcycle and when the informant raised alarm, the miscreants fired at the left leg of the informant and fled away without looting any article.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this

Patna High Court Cr.Misc. No.72459 of 2018(3) dt.20-12-2018 2/2 case as he is neither named in the F.I.R. nor during entire investigation any witness has stated that they saw the petitioner committing the crime in question. It has been further submitted that petitioner has been remanded in this case. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Muzaffarpur in connection with Kanti P.S. Case No. 321/2018, with following 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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T