Laddu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55085 of 2018 Arising Out of PS.Case No. -154 Year- 2017 Thana -DIGHWARA District- SARAN ======================================================

1. Laddu Rai S/o Ram Ugrah Rai resident of village - Brahmchari, P.S. Maner, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Dighwara P.S.case no.154 of 2017 registered for offences punishable under Sections 302, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner as per FIR is that while the son of the petitioner was taking the boat, several accused persons including the petitioner made indiscriminate firing causing death of his son.

Submission of the learned counsel for the petitioner is that there is general and omnibus allegation against the petitioner and other accused person and only one gun shot injury was found on the person of the deceased and another co-accused having similar

Patna High Court Cr.Misc. No.55085 of 2018 (2) dt.10-10-2018 2/2 allegation has been granted bail, vide order dated 20.4.2018 passed in cr. Misc. No.12600 of 2018 by a Co-ordinate Bench of this Court.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail. 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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM Ist, Saran at Chapra in connection with Dighwara P.S.Case No.154 of 2017.

With 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 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T