Vinod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49471 of 2018 Arising Out of PS.Case No. -89 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Vinod Rai son of Vishwanath Rai resident of Jamunia Tola Madhopur Police Station Maner, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jai Kumar Singh For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Maner P.S.Case no.89 of 2017 dated 1.3.2017 , registered for offences punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner as per FIR is that the other accused persons named in the FIR fired on the father of the informant, due to which he sustained injuries and later on name of the other persons have been added and in that also, name of the petitioner does not appear and later on, on confessional statement of the other co-accused the name of the petitioner has also transpired in this case.

Submission of the learned counsel for the petitioner is that there is absolutely nothing against the petitioner except the confessional statement and another co-accused person has been

Patna High Court Cr.Misc. No.49471 of 2018 (2) dt.29-08-2018 2/2 granted privilege of the anticipatory bail, vide order dated 16.7.2018 passed in Cr. Misc. No.40925 of 2018 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, 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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sushree Nutan Kuamri, J.M. 1st Class, Danapur in connection with Maner P.S.Case No.89 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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 the 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) chn/- U T