Patna High CourtCR. MISC./52410/2017bail granted

Santosh Rai @ Santosh Kumar And ANR v. The State Of Bihar

2017-11-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52410 of 2017 Arising Out of PS.Case No. -135 Year- 2016 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Santosh Rai @ Santosh Kumar, S/o Satya Narain Rai,

2. Rajan Rai @ Kankartta, Son of Gajendra Rai, Both R/o VillageMansurpur, P.S.- Sarai, District- Vaishali. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. S.N.P. Sinha, Sr.Advocate with Ms. Rashmi Bharti, Advocate For the Opposite Party/s : Ms. Indu Bala Pandey, APP For the Informant : M/S Ansul, M.C. Gandhi, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Sarai P.S.Case No. 135 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners is of assaulting the informant and causing several injuries to him. Submission of learned counsel for the petitioners is that no specific allegation has been attributed against them and similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr.Misc.No. 21329 of 2017, vide order dated 28.6.2017 (Annexure-2) and they are in custody since 21.8.2017.

Patna High Court Cr.Misc. No.52410 of 2017 (2) dt.21-11-2017 2/2 Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that eight injuries were found on the person of injured and against bail order by which co-accused has been granted bail the informant has approached the Supreme Court and notice was issued. Having heard both sides and considering the facts and circumstances of the case, let petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateXIII, Vaishali at Hajipur, in connection with Sarai P.S.Case No. 135 of 2016, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (2) Petitioners will co-operate in trial and appear on each and every date in court, failing which their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U