Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79605 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- KARAMCHAT District- Bhabhua (Kaimur) ====================================================== Saroj Kumar Son of Late Shrinath Sah Resident of Village - Sikari, P.S.- Adhaura, District - Kaimur (Bhabhua) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Singh For the Opposite Party/s :
Mr.Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Karamchat P.S. Case No. 57 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 326, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
Informant in his fardbeyan has stated that on 20.07.2018 at about 6:50 A.M. when he along with Anil Choudhary were going to his village on Bolero vehicle they had an altercation with some motorcycle borne miscreants and they fired upon the informant which hit his face and also fired upon Anil Choudhary which hit his head and he fell down thereafter all the miscreants fled away on their motorcycle. It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.79605 of 2018(4) dt.18-02-2019 2/3 he is innocent and has been falsely implicated in this case only on suspicion. He is not named in FIR. Name of the petitioner has transpired in this case during the course of investigation. There is no specific allegation against petitioner. Similarly, situated co-accused, Prabhu Kumar, has been granted bail by a co-ordinate bench of this Court vide order dated 10.12.2018 passed in Cr. Misc. No. 73070 of 2018. He is in custody since 07.08.2018.
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/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Bhabhua, District- Kaimur, in connection with Karamchat P.S. Case No. 57 of 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or
Patna High Court Cr.Misc. No.79605 of 2018(4) dt.18-02-2019 3/3 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) ranjan/manojU T