Akhilesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2955 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Akhilesh Rai S/o Meghnath Rai @ Lathi Rai R/o village- Jadhua Jethui, Ward No. 3, P.S.- Industrial Area Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Hajipur Sadar P.S. Case No. 433 of 2019 registered for the offence under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted on behalf of petitioner that petitioner has caused fire-arm injury on the right arm of the informant, which is found to be simple in nature. It is further submitted that petitioner has falsely been implicated in this case. No such occurrence has taken place. It is also submitted that a compromise petition has already been filed in the court below, vide Annexure -2. Petitioner is having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his

Patna High Court CR. MISC. No.2955 of 2020(2) dt.27-02-2020 2/2 arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, Hajipur in connection with Hajipur Sadar P.S. Case No. 433 of 2019 on the following conditions: "(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T