Patna High CourtCR. MISC./62705/2017bail granted

Basant Rai v. The State Of Bihar

2018-01-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62705 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Basant Rai S/o Kant Lal Rai, R/o Village- Madhopur, P.S.- Patori, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 Heard the parties.

The petitioner seeks regular bail in Session Trial No.506 of 2017 arising out of Jandaha P.S. Case No.36 of 2017 registered for the offence under Sections 302, 201, 120(B)/34 of the I.P.C..

Petitioner is named in the F.I.R. Accusation is of committing murder of the son of the informant. Submission of the learned counsel for the petitioner is that, there is no specific allegation attributed against the petitioner and the F.I.R. has been lodged against eight persons. Further submission is that similarly situated co-accused, Pinki Devi has been granted bail vide order dated 09.11.2017 passed in Cr.Misc.No.52640 of 2017 and he is in custody for six months.

Patna High Court Cr.Misc. No.62705 of 2017 (2) dt.11-01-2018 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/- with two sureties of the like amount each to the satisfaction of Sessions Judge, Vaishali at Hajipur, in Sessions Trial No.506 of 2017 arising out of Jandaha P.S.Case No.36 of 2017 subject to the conditions that (1) one of the bailors must be local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) 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.

(Vinod Kumar Sinha, J) AnilKrSinha/- U