Bhubneshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54333 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Bhubneshwar Rai S/o Ramserestha Rai, resident of Village- Gorai @ Skylee, P.S.- Aurai, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Aurai P.S.Case No.90 of 2017 registered for offences punishable under Sections 341, 323, 324, 307, 379,504/34 of the Indian Penal Code.

The case is under Section 307of the IPC. So far allegation in this case is concerned, the petitioner is order giver and also assaulted to the father of the informant.

Submission of the learned counsel for the petitioner is that there is case and counter case and further though there is allegation of assault to the father of the informant and the injuries have been found to be simple in nature, which will appear from Annexure-3. He is in custody for 2 1⁄2 months.

Patna High Court Cr.Misc. No.54333 of 2017 (2) dt.16-11-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum-Sub Jduge-14th, Muzaffarpur, in connection with Aurai P.S.Case No.90 of 2017. With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T