Satish Rai @ Satish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.2783 of 2017 (2) dt.28-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2783 of 2017 Arising Out of PS.Case No. -337 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Satish Rai @ Satish Kumar son of Sri Raj Kishore Singh, R/o villageChapra (Rampur Hari), P.S.- Minarpur, District- Muzaffarpur.....Petitioners

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Runnisaidpur P.S. Case No. 337 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 379, 427, 504 of the Indian Penal Code.

Allegedly, the petitioner and co-accused assaulted Jitendra Pathak during course of altercation which took place between two groups of bus owners, the alleged injury on the person of Jitendra Pathak is simple in nature. Submission is of false implication and that the petitioner is merely an auto driver who was standing as a bystander and has nothing to do with the occurrence but he has been named in the FIR, co-accused Rajiv Kumar has been allowed pre-arrest bail vide Cr. Misc. No. 49589 of 2015 and the case of

Patna High Court Cr.Misc. No.2783 of 2017 (2) dt.28-01-2017 the petitioner is on better footing.

Learned APP fairly submits that co-accused Rajiv Kumar has been allowed pre-arrest bail by another co-ordinate Bench of this Court.

In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 337 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T