Ramchandra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29920 of 2017 Arising Out of PS.Case No. -70 Year- 2010 Thana -PATORI District- SAMASTIPUR ======================================================
1. Ramchandra Rai, son of late Devdhari Rai, resident of Village - Kala Diara, P.S. - Salimpur, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 31-07-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Patori P.S. Case No.70 of 2010 instituted for the offence under Section(s) 341, 324, 307, 504/34 Indian Penal Code and Section 27 of the Arms Act.
As per written report, petitioner and other accused persons fired upon the father of the informant, who received three bullet injuries and fell down in Ganges river. Case diary has been received.
Counsel for the petitioner has submitted that the informant and other witnesses have levelled specific allegation against co-accused, Nandu Gope, of causing fire arm injury to the injured. The doctor has found one fire arm injury on the person of
Patna High Court Cr.Misc. No.29920 of 2017 (3) dt.31-07-2017 2/3 the injured.
Learned APP has submitted that statement of the injured has been mentioned in para 58 of the case diary, wherein, he has levelled specific allegation against co-accused, Nandu Gope, of causing fire arm injury to him.
Police has mentioned Injury Report in para 45 of the case diary, wherein, one fire arm injury has been found on the person of the injured.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Patori P.S. Case No.70 of 2010, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the
Patna High Court Cr.Misc. No.29920 of 2017 (3) dt.31-07-2017 3/3 petitioner and (3) if 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. (Sanjay Priya, J) JA/- U T