Rajesh @ Indresh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18077 of 2017 Arising Out of PS.Case No. -334 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================
1. Rajesh @ Indresh Prasad Son of Late Dasrath Mahto, Resident of Village- Chorsua, P.S.- Giriyak, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Nilesh Kumar For the Opposite Party/s : Mr. Matloob Rab For the informant : Mr. Rudal Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Learned counsel for the petitioner is permitted to make necessary correction in para - 6 as well as in the prayer portion of the bail petition.
The petitioner seeks regular bail in connection with Giriyak P.S. Case No. 334 of 2016, registered for offences punishable under Sections 307 and 120B of the Indian Penal Code and Section 27 of Arms Act.
Allegation against the petitioner is of firing on the informant causing injury to him.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case due to the dispute in construction. Further though there is allegation of firing against
Patna High Court Cr.Misc. No.18077 of 2017 (3) dt.11-05-2017 2/3 the petitioner, injury was found to be simple in nature and there is no repetition of firing. Petitioner has no criminal antecedent and has been in judicial custody since 26.11.2016. Heard learned A.P.P. and learned counsel for the informant. They have opposed the prayer for bail. Learned counsel for the informant has submitted that there is direct allegation against the petitioner of firing on the informant. Having heard both sides, considering the facts and circumstances of the case, period of custody and also the injury was found to be simple in nature and petitioner has no criminal antecedent, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs.
Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM, Nalanda at Biharsharif, in connection with Giriyak P.S. Case No. 334 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal
Patna High Court Cr.Misc. No.18077 of 2017 (3) dt.11-05-2017 3/3 of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
However, the trial court is directed to expedite the trial and try to conclude it as early as possible.
(Vinod Kumar Sinha, J) sunil/- U T