Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16776 of 2017 Arising out of PS.Case No. -320 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Bhola Rai son of Late Satya Narayan Rai, Resident of Village-Harpur, P.S.- Barauni, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ravi Shankar Sahay, Advocate Mr. Randhir Kumar No-1, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Barauni (I.O.C.) P.S. Case No. 320 of 2016, registered for the offences punishable under Sections 363, 302, 201/34 of the Indian Penal Code.

Petitioner is not named in the FIR and it appears that his name transpired during the course of investigation. It has been submitted on behalf of the petitioner that the petitioner has been made accused only on the basis of suspicion and in the case diary there is nothing against the petitioner.

Heard learned A.P.P. who also could not controvert the above fact.

Having heard both sides and in view of the submissions aforesaid, let the petitioner, named above, in the

Patna High Court Cr.Misc. No.16776 of 2017 (3) dt.01-05-2017 event of arrest or surrender before the court below within a period of six weeks, be released 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 learned C.J.M., Begusarai in connection with Barauni (I.O.C.) P.S. Case No. 320 of 2016, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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; and (iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police and if during the course of investigation any serious incriminating material comes against the petitioner, the prosecution is free to move for cancellation of his bail bond.

Accordingly, with the above observations, the prayer for bail is allowed.

(Vinod Kumar Sinha, J) S.Sb/- U T