Tarkeshwar Rai @ Fuddi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31649 of 2021 Arising Out of PS. Case No.-742 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Tarkeshwar Rai @ Fuddi Rai S/O Parma Rai R/O Village- Tehati, P.S.- Marhowrah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-10-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Though the petitioner was a member of unlawful assembly. However, no specific overt-act is there against the petitioner; rather specific overt-act of commission of fire-arm injury is against co-accused Bhim Rai and Gajendra Kumar Rai. The petitioner has stated on oath that he has got no criminal antecedent. The petitioner is in custody since 09.01.2021. Investigation of the case is already complete.

Patna High Court CR. MISC. No.31649 of 2021(2) dt.27-10-2021 2/2 Considering the aforesaid material, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Marhowrah P.S. Case No. 742 of 2020 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T