Patna High CourtCR. MISC./5664/2017bail granted

Birendra Kumar @ Shivji Rai v. The State Of Bihar

2017-03-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5664 of 2017 Arising Out of PS.Case No. -612 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Birendra Kumar @ Shivji Rai, Son of Late Narayan Rai, Resident of Village-Lodipur, P.s.-Town, District-Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Ranjan For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Vaishali Town P.S. Case No. 612/2016, instituted for the offence under Section(s) 448, 147, 148, 149, 341, 323, 352, 307, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per fardbeyan, the petitioner caught hold the father of the informant and gave order to kill him. On such, one Prakash Kumar is alleged to have given iron blow on the head of the father of the informant causing his death. Case diary has been received. Learned A.P.P. has submitted that similar allegation has been made by the witnesses in the case dairy. The petitioner is in custody since 25.09.2016.

Patna High Court Cr.Misc. No.5664 of 2017 (5) dt.21-03-2017 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Vaishali Town P.S. Case No. 612/2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

It is made clear that petitioner will not commit further offence within the period of bail and in the event of any fresh offence, committed by the petitioner, the court below will be at liberty to cancel the bail of the petitioner. (Sanjay Priya, J.) Rakhi U T