Binay Rai @ Binay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76223 of 2018 Arising Out of PS. Case No.-140 Year-2015 Thana- TAJPUR District- Samastipur ====================================================== Binay Rai @ Binay Kumar Rai, Son of Late Rameshwar Rai, Resident of Village Darba P.S.- Tajpur (Halai O.P.), District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Dhananjay Kumar For the Opposite Party/s :

Mr.Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2018 The petitioner seeks bail in connection with Tajpur (Halai O.P.) P.S. Case No. 140 of 2015 registered under Sections 147, 148, 149, 307, 323, 324, 341, 379 and 504/34 of the Indian penal Code and Section 27 of the Arms Act.

Earlier prayer of bail of the petitioner was rejected vide order dated 28.09.2018 passed in Cr. Misc. No. 57959 of 2018 with observation to renew prayer of bail after framing of charge. Allegation against the petitioner is of firing on the informant causing injuries.

Submission of learned counsel for the petitioner is that opinion on the injury report has not disclosed gunshot injury and charge has been framed on 19.11.2018. Now, petitioner has remained in custody since 24.04.2018 and is ready to abide by any terms and conditions imposed upon him.

Patna High Court Cr.Misc. No.76223 of 2018(2) dt.20-12-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-I, Samastipur in connection with Tajpur (Halai O.P. ) P.S. Case No. 140 of 2015 with condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned. The petitioner shall cooperate in 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 of his bail bond.

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