Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12638 of 2019 Arising Out of PS. Case No.-351 Year-2018 Thana- RIVILGANJ DistrictSaran ====================================================== RAJ KUMAR RAI Son of Late Saryug Rai Resident of Village - Sengar Tola, P.S.- Revilganj, Distt - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Prasad Yadav No.1 For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 307,379, 506/34 IPCregistered in connection with Revilganj P.S. Case No. 351 of 2018.

3. It is submitted that the petitioner has been falsely implicated in retaliation of the fardbeyan filed by the petitioner's brother (Annexure-2). The injury report as incorporated in the order of the learned Additional Sessions Judge discloses all injuries are simple in nature caused by hard blunt substance. It is therefore, submitted that the accusation of assault by farsa attributed to the petitioner along with two co-accused persons is not corroborated. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM VIII, Saran in connection with Revilganj P.S. Case No. 351 of 2018,

Patna High Court CR. MISC. No.12638 of 2019(2) dt.05-03-2019 2/2 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T