Ashok Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44541 of 2018 Arising Out of PS. Case No.-140 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Ashok Rai son of Late Saravjeet Rai resident of village - Matukpur, Police Station - Barhara in the district of Bhojpur ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bimal Kumar, Adv.
For the Opposite Party :
Mr. Nityanand, APP 114 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 Heard the learned counsel for the petitioner. The petitioner is apprehending his arrest in connection with Barhara P.S. Case No. 140 of 2018 registered for offences punishable under Sections 341, 323, 379, 337, 367/34 of the Indian Penal Code.
Allegation against the petitioner is of assault by rod to the informant causing injury.
Submission of the learned counsel for the petitioner is that there is case and counter case between the parties and the injury is simple in nature.
Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty-five
Patna High Court Cr.Misc. No.44541 of 2018(2) dt.30-07-2018 2/2 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Barhara P.S. Case No. 140 of 2018 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions :
(I) One of the bailors of the petitioner shall be a local person, having sufficient immovable property within the jurisdiction of the concerned Court.
(II) The petitioner will not induce any witness or tamper with evidence.
(III) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) Shamshad/- U T