Abhay Rai @ Tunu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27669 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -TARARI District- BHOJPUR ====================================================== Abhay Rai @ Tunu Rai, son of Gangadhar Rai, resident of Village - Kusumhi, Police Station - Tarari, District - Bhojpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Jeet Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 04-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is to have shot fire on the informant, which did not hit anyone.

It is submitted that the date of occurrence is 3.03.2015 and the case has also been instituted on 3.03.2015, but the FIR has been sent to the court of Chief Judicial Magistrate on 9.03.2015 after much delay. There is no repetition of firing. The petitioner has been falsely implicated in this case due to land dispute as the petitioner is the nephew of the informant. He has no criminal

Patna High Court Cr.Misc. No.27669 of 2015 (2) dt.04-08-2015 2/2 antecedent. However, after investigation, charge sheet has already been submitted and there is no chance of tampering with the witnesses.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhojpur at Ara in Tarari P.S. Case No.17 of 2015 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T