Ajay Rai @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21338 of 2019 Arising Out of PS. Case No.-443 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== 1.
AJAY RAI @ AJAY KUMAR Son of Prashidh Rai Resident of VillageDaud Nagar, P.S-Bidupur, District-Vaishali. 2.
Rajeshwar Rai Son of Late Sheoji Rai Resident of Village-Daud Nagar, P.SBidupur, District-Vaishali. 3.
Bhulan Rai Son of Ram Janam Rai Resident of Village-Daud Nagar, P.SBidupur, District-Vaishali. 4.
Lalu Rai @ Lalu Kumar Son of Ram Janam Rai Resident of Village-Daud Nagar, P.S-Bidupur, District-Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 325, 337, 338, 354,307,447, 504, 506, 34 IPC registered in connection with Bidupur P.S. Case No. 443 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute and there is case and counter case between the parties. All the injuries are simple in nature, however, the injury report of Birendra Rai has been kept reserved. Such injuries are attributable to the assault of co-accused Vijay Rai. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.21338 of 2019(2) dt.05-04-2019 2/2 each with two sureties of like amount each to the satisfaction of learned ACJM XIV, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 443 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T