Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52070 of 2018 Arising Out of PS. Case No.-75 Year-2016 Thana- BHELDI District- Saran ====================================================== Ajay Rai S/o Mahesh Rai, R/o Vill.- Gopalpur, P.S.- Bheldi, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Bheldi P.S. Case No. 75 of 2016 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 341, 307, 448, 435, 379 and 504 of the Indian Penal Code.

Allegation against the petitioner is of entering into the house of the Informant and assaulting the Informant by Iron rod along with FIR named accused persons.

It has been submitted on behalf of the petitioner that the injury sustained by the Informant is simple in nature. It has been further submitted that this case is counter blast of Bheldi P.S. Case No. 80 of 2016. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 25.07.2016 in Criminal Miscellaneous No.

Patna High Court Cr.Misc. No.52070 of 2018(2) dt.04-10-2018 2/2 28874 of 2016 and 05.07.2018 in Criminal Miscellaneous No. 37504 of 2018. Petitioner has got no criminal antecedent and is in custody since 31.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Saran at Chapra, in connection with Bheldi P.S. Case No. 75 of 2016, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

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

(S. Kumar, J) ranjan/- U