Ramchandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 60440 of 2017 Arising Out of PS.Case No. -166 Year- 2017 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Ramchandra Rai S/o Late Maharaj Rai, aged about 67 Years, R/o VillageChak Mehshi, P.S.- Maniyari, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Uma Shankar Sharma, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2017 Heard counsel for the petitioner and the State. Petitioner is accused in Maniyari Police Station Case No 166 of 2017 dated 14.08.2017 registered for the offence punishable under Sections 147, 148, 149, 302 of Indian Penal Code and Section 27 of Arms Act.

It is submitted on behalf of the petitioner that there is no evidence against the petitioner. Even the allegations made in the first information report are taken to be true, at best, the allegation against the petitioner is of being present at the time and place of occurrence. The fatal assault is attributed to one Pankaj Rai and no overt act has been alleged against the petitioner. It is further submitted that the petitioner has been implicated in this case only because of some earlier disputes in relation to land

Patna High Court Cr.Misc. No.60440 of 2017 (2) dt.21-12-2017 2/2 between the parties. Petitioner is in custody since 16.08.2017. He is said to be of 67 years of age and has no criminal antecedent. He submits that investigation has already been completed in this case. Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Maniyari Police Station Case No 166 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T