Lal Babu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6122 of 2020 Arising Out of PS. Case No.-92 Year-2019 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== LAL BABU RAI S/o Sri Bhagwan Rai R/o village- Mahmmadpur Katsari, P.S.- Shyampur Bhatha, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 120(B), 304(B) and 201 of the Indian Penal Code registered in connection with Shyampur Bhatha P.S. Case No. 92 of 2019.
3. It is submitted that the petitioner has been falsely implicated in connection with alleged killing of the informant's daughter. It is submitted that there is no overt act whatsoever has been alleged against the petitioner, who merely happens to be the co-villager of the husband of the victim. Other co-accused including the baisur and gothin of the deceased have been granted anticipatory bail by this Court in Cr. Misc. No. 3662 of 2020. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, Sheohar, in connection with Shyampur Bhatha P.S. Case No. 92 of
Patna High Court CR. MISC. No.6122 of 2020(2) dt.02-03-2020 2/2 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U