Shyam Babu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9002 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- DORIGANJ District- Saran ====================================================== Shyam Babu Rai Son of Dharamnath Rai Resident of vill.- Mahaji, P.S.- Doriganj, Distt.- Saran, Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandrashekhar Prasad, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Doriganj P.S. Case No.295 of 2023, lodged on 18.09.2023, under Sections 341/323/325/307/34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against five named accused persons against whom allegation is that they all have surrounded the informant and brutally assaulted due to which he was badly injured and his treatment is going on in the hospital.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 16.10.2023 having no criminal antecedent. Charge sheet against the petitioner has already filed
Patna High Court CR. MISC. No.9002 of 2024(2) dt.20-02-2024 2/3 in this case. Counsel submits that petitioner is a disable person. In this regard he has annexed disability certificate as Annexure2 to the writ petition. His disability is 55 per cent.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Ms. Sumita Ranjan, learned Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Doriganj P.S. Case No.295 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.9002 of 2024(2) dt.20-02-2024 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (iv) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T