Dev Sagar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19775 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- MAHUA District- Vaishali ====================================================== DEV SAGAR RAI Son of Satya Narayan Ray Resident of Village - Samaspura, P.S. - Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Adv.

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahua P.S. Case No. 224 of 2021 registered for the offences punishable under Sections 447, 341, 323, 324, 325, 307, 354B/34 of the Indian Penal Code. As per prosecution case, there is allegation that petitioner assaulted on the hand of the informant by means of iron rod.

Learned counsel for the petitioner submits that petitioner is in custody since 01.02.2022 and bears no criminal

Patna High Court CR. MISC. No.19775 of 2022(2) dt.08-06-2022 2/3 antecedent. He further submits that informant and petitioner are neighbour. The alleged occurrence took place on 02.04.2021 at around 7:00 AM and the FIR has been lodged on 03.04.2021 at 1:10 PM after delay of around 30 hours and no plausible explanation has been given. There is case and counter case between the parties.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees 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. 224 of 2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned

Patna High Court CR. MISC. No.19775 of 2022(2) dt.08-06-2022 3/3 Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T