Bachchan Hembram @ Bachan Hemrom v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86182 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- POTHIYA District- Kishanganj ====================================================== Bachchan Hembram @ Bachan Hemrom Son of Late Mangal Hembram Resident of Village - Lachchugachh (Kachakali), P.S.- Chopra, Distt - Uttar Dinajpur, West Bengal.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Onkar Nath, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Pothiya P.S. Case No. 147 of 2019 corresponding to Sessions Trial No. 151 of 2019, registered for the offence punishable under Section 302 of the Indian Penal Code.
Petitioner is brother-in-law (Bahnoi) of the informant. The informant alleged that on 09.08.2019 at about 6.00 a.m., the informant saw that his father Pandu Marandi was lying dead on cot, he was murdered by cutting his neck with sharp weapon. It is further alleged that one month before this occurrence, petitioner had threatened to kill the informant's father. The informant has full confidence that this petitioner had
Patna High Court CR. MISC. No.86182 of 2019(4) dt.18-03-2020 2/3 committed murder of his father.
It is submitted on behalf of this petitioner that petitioner has falsely been implicated in this case. The allegation levelled against this petitioner is false, concocted and baseless. Save and except suspicion, there is nothing against this petitioner. Petitioner is in custody since 16.08.2019 having clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Kishanganj in connection with Pothiya P.S. Case No. 147 of 2019 corresponding to Sessions Trial No. 151 of 2019, subject to the conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.86182 of 2019(4) dt.18-03-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T