Ashish Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77069 of 2018 Arising Out of PS. Case No.-192 Year-2017 Thana- GURUA District- Gaya ====================================================== Ashish Jee, Son of Dwarika Yadav, Resident of Village- Mahuavan (Ahuri), P.S- Amas, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Gurua P.S. Case No. 192 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 427, 435, 385, 387, 504 and 506 of the Indian Penal Code and 27 of Arms Act and Section 17 of C.L.A. Act.

It has been submitted on behalf of the petitioner that there is no specific allegation against petitioner for demanding levy. It has been further submitted that neither petitioner has been arrested on the spot nor any incriminating material has been recovered from the possession of petitioner. No T.I.P. was done. No material is available against petitioner, except that in course of alleged occurrence accused persons in conversation

Patna High Court Cr.Misc. No.77069 of 2018(2) dt.21-12-2018 2/2 were taking name of each other including petitioner. Petitioner is in custody since 18.05.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati (Gaya), in connection with Gurua P.S. Case No. 192 of 2017 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T