Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13437 of 2019 Arising Out of PS. Case No.-159 Year-2016 Thana- MAHUA District- Vaishali ====================================================== Ajay Rai Son of Late Babu Lal Rai R/o village- Hasanpur, P.S- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Sunil Kumar, Advocate For the State :

Mr.Madhura Nand Jha, APP For the Informant :

Mr. Shakil Ahmad Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

In the light of the statement made in the supplementary affidavit, the petitioner is permitted to make necessary correction in paragraph 3 of the main petition in course of the day.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 147, 148, 149, 504, 506, 380, 427, 448 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the accused persons armed with deadly weapons entered in the house of the informant and

Patna High Court CR. MISC. No.13437 of 2019(3) dt.22-04-2019 2/2 damaged house articles kept in the house.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.10.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged occurrence is said to have taken place on the day when the panchayat election was taking place. Due to political rivalry the petitioner has been made accused. It is further submitted that the petitioner may be released after completion of nine months in custody from 03.10.2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after completion of nine months in custody from 03.10.2018 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. case No.159 of 2016.

Narendra/- (Sudhir Singh, J) U T