Bijli Chaupal @ Khatve v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.938 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Bijli Chaupal @ Khatve, son of Ram Autar Chaupal, resident of Ward no. 13, Samalia, Bargaon, P.S. Kuseshwer Asthan, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shama Sinha, Adv.

For the Opposite Party/s :

Mr.Sri Chandra Bhushan Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 379, 427, 307, 504, 506, 34 of the Indian Penal Code.

As per F.I.R. petitioner gave farsa blow on the head of the informant with an intention to kill him. All injuries sustained by informant are simple in nature.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. There is land dispute between the parties. Petitioner has no criminal antecedent and is in custody since 27.10.2018.

Patna High Court CR. MISC. No.938 of 2019(3) dt.07-03-2019 2/2 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 court below where the case is pending in connection with Kusheshwar Asthan P.S. Case No. 135 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T