Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67093 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Suresh Rai, Son of Sitaram Rai, Resident of Village- Ghasipakad, P.S.- Chakia, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Chakia P.S.Case No.80 of 2018 registered for offences punishable under Sections 147, 448, 149, 341, 323, 325, 307, 379,354(a), 504 of the Indian Penal Code.

Allegation against the petitioner and other accused persons as per FIR is that he came variously armed and started abusing the informant and when he protested he assaulted him in course of that unrest of the mother of the informant and further allegation is that Suresh Rai assaulted by Talbar to Prabhuwan Rai which cases injury on his head and neck and there is allegation of assault against the other accused persons also.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.67093 of 2018(2) dt.27-11-2018 2/3 that there is case and counter case and the injury report which is at Annexure 3 shows that the injuries are simple in nature and the petitioner is in custody for three months. 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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 13th ACJM, East Champaran at Motihari in connection with Chakia P.S.Case No.80 of 2018..

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

Patna High Court Cr.Misc. No.67093 of 2018(2) dt.27-11-2018 3/3 of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T