Amal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9183 of 2019 Arising Out of PS. Case No.-24 Year-2016 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== AMAL RAI, aged about 42 years, (M) S/o Suchita Rai @ Sachitanand Rai village-Raghunathpur, P.S-Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-03-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 147, 148, 149, 379, 307, 387, 506 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Informant has alleged that while he was cultivating his field eleven FIR named accused including petitioner came there and started harvesting crops and upon his raising alarm petitioner fired upon him but same missed him and thereafter he fled away.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.9183 of 2019(2) dt.28-03-2019 2/3 that he is innocent and has committed no offence. There is land dispute between the parties and as such he has been falsely implicated in this case. None has suffered any injury of any nature. Petitioner is in custody since 31.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Shahebpur Kamal P.S. Case No. 24 of 2016, with following condition:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.9183 of 2019(2) dt.28-03-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T