Hiralal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.679 of 2019 Arising Out of PS. Case No.-126 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== Hiralal Rai s/o Narayan Rai r/o vill-Bachhawara, P.S-Bachhwara, Distt.- Begusarai ... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr.Syed Firoz Raza For the Opposite Party/s :

Mr.Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bachhawara P.S. Case No. 126 of 2018 registered for the offence punishable under Sections 147, 148, 149, 448, 307 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in his written complaint has alleged that on 29.07.2018 at about 11:30 am when he was sitting in his house petitioner along with FIR named accused came and started abusing and when Informant protested, co-accused Hiralal opened fire from his pistol which hit below the right knee of the Informant.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.679 of 2019(4) dt.21-02-2019 2/3 he is innocent and has been falsely implicated in this case. Petitioner and Informant are relatives. As per injury report injury found is lacerated wound caused by hard blunt substance. No fire arm injury has been found. Nature of injury simple. Petitioner has got no criminal antecedent and is in custody since 14.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Begusarai, in connection with Bachhawara P.S. Case No. 126 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court Cr.Misc. No.679 of 2019(4) dt.21-02-2019 3/3 liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U