Harendra Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.15472 of 2017 (2) dt.19-04-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15472 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -PAROO District- MUZAFFARPUR ====================================================== Harendra Rai Son of Munshi Rai, Resident of Village-Thengpur, Police Station-Paroo, District-Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Paroo P.S. Case No. 12 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 506, 307, 353, 323, 333 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been implicated falsely and even according to the accusation in the FIR, no overt act has been alleged against the petitioner. The petitioner has not assaulted anyone and similarly situated coaccused Lalbabu @ Lalbabu Rai and Kamlesh Rai, Naresh Rai have been allowed bail vide Cr. Misc. No. 16462 of 2017 and 17963 of 2017 by another co-ordinate Bench of this Court. The petitioner has got no criminal antecedent and as such he deserves sympathetic consideration as he is in custody since 12.01.2017,
Patna High Court Cr.Misc. No.15472 of 2017 (2) dt.19-04-2017 chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.
Learned APP submits that the Police Officers and Chaukidar were assaulted and injured.
In the facts and circumstances stated above, considering that against the petitioner there is no allegation for assaulting anyone, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Muzaffarpur in connection with Paroo P.S. Case No. 12 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T