Jailal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23226 of 2020 Arising Out of PS. Case No.-130 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== JAILAL RAI S/o Babulal Rai Resident of Village-Turk (Khararu), P.SMinapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both sides.

The petitioner seeks bail in Town P.S. Case No. 130 of 2020, registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. As per prosecution case, petitioner is alleged to have given Farsa blow on the head of the grandson of informant namely, Himanshu Ranjan.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is next door neighbour. Admittedly, there is land dispute between the parties. The injury has been found by the doctor to be simple

Patna High Court CR. MISC. No.23226 of 2020(3) dt.12-10-2020 2/2 in nature (Annexure-2). Charge sheet has already been submitted. Petitioner has got clean antecedent as stated in para 3 of the bail petition and he is in custody since 23.04.2020. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing 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, Muzaffarpur in connection with Minapur P.S. Case No. 130 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T