Horil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52074 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ====================================================== Horil Rai S/o Late Ram Lagan Rai, R/o Vill.- Bishunpur Saidali, P.S.- Bidupur, District- Vaishali At Hajipur (Bihar) At present Residing at Vill.- Paharpur North, Naya Tola, P.S.- Jurawanpur, District- Vaishali At Hajipur (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Adv. For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for petitioner learned counsel for informant and learned A.P.P. for the State.

Petitioner seeks bail in Jurawanpur P.S. Case No. 38/2018, registered for the offences punishable under Sections 147, 149, 341, 323, 325, 379, 307, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

Informant named nine accused persons including the petitioner. It is alleged that on 01.06.2018, all the accused persons came and pressurized him to compromise the case which was filed by his brother and threatened him of dire consequence. Again on the same day (01.06.2018) at 11.00 in the night the accused persons came, abused and opened fire upon him in which he

received two fire-arm injury.

It has been submitted that there is no specific allegation against the petitioner. There is specific allegation of firing against Harikesh Rai and Ram Nath Rai. There is land dispute. Petitioner is in custody since 18.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VIII, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 38/2018, subject to the 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 bonds.

(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) Vinita/- U T