Jagat Rai v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4936 of 2019 Arising Out of PS. Case No.-1114 Year-1998 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Jagat Rai, aged about 46 years (Male), son of Late Gobri Rai, Resident of Village- Kalyanpur Khas, P.S.- Kotwa, District- East Champaran. ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sheo Mangal Mukhiya son of Late Mahadeo Mukhiya, Resident of VillageKalyanpur Khas, P.S.- Kotwa, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Mishra For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Complaint Case No. 1114 of 1998 (St. No. 708 of 2018) for the offences punishable under Sections 341, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is regarding the accused persons having assaulted the complainant of the present case, whereafter the police had submitted final form after investigation, however, the learned trial court differed from the same and took cognizance of the offence under sections 341, 323, 307 of the Indian Penal Code as well as Section 27 of the Arms Act.
Patna High Court Cr.Misc. No.4936 of 2019(2) dt.29-01-2019 2/2 The learned counsel for the petitioner submits that though the petitioner has been declared an absconder but the fact is that the petitioner was not having knowledge as to when a protest petition was filed by the complainant and cognizance was taken by the learned court below thereon, hence, he could not appear before the court and take steps for grant of bail. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 23.08.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, East Champaran at Motihari in connection with Complaint Case No. 1114 of 1998 (S. Tr. No. 708 of 2018). (Mohit Kumar Shah, J) Tiwary/- U T