Awadh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63372 of 2017 Arising Out of PS.Case No. -396 Year- 2017 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Awadh Rai, Son of Late Jamun Rai, Resident of Village- Turki Khararu, P.S.- Meenapur, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh For the Opposite Party/s : Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with G.R. No.4710 of 2017 arising out of Meenapur Police Station Case No.396 of 2017 registered for offences punishable under sections 447, 341, 323, 324, 307, 380, 354 and 504/34 of the Indian Penal Code.
It has been submitted that allegation of assault is omnibus against the accused persons. This petitioner is alleged to be order giver and on his order, other co-accused assaulted the informant and his family members. The informant and petitioner are resident of same place and for the offence in question, there is a counter case from the side of the petitioner vide Meenapur Police Station Case No. 432 of 2017. The petitioner is in custody
Patna High Court Cr.Misc. No.63372 of 2017 (2) dt.12-01-2018 2/2 since 18.10.2017 having clean antecedent.
Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with G.R. No. 4710 of 2017 arising out of Meenapur Police Station Case No. 396 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part 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.
(iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T