Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45736 of 2014 Arising Out of PS.Case No. -34 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhola Rai Son of Punit Rai Resident of Village - Rajbara, P.S. - Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-02-2015 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

The petitioner seeks regular bail in connection with Ghorasahan P.S. Case No. 34 of 2014 for offences punishable under Sections 452, 504, 506/34 of the Indian Penal Code and 25 (1-b) A/26/35 of the Arms Act.

It has been submitted on behalf of the petitioner that the petitioner's name has been surfaced on the confession of the co-accused Satya Narayan Sahani. It has been further pointed out that the said co-accused has already been granted bail by the learned court below.

The learned Additional Public Prosecutor has, however, pointed out that the petitioner has got criminal

Patna High Court Cr.Misc. No.45736 of 2014 (2) dt.04-02-2015 antecedent and, therefore, the bail should not be granted. Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sikarahana at Motihari East Champaran in connection with Ghorasahan P.S. Case No. 34 of 2014, subject to the following conditions:- (a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(b) The petitioner shall be well represented on each date in the court below and his failure to do so on two sequential dates shall entail cancellation of his bail bonds;

(c) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail.

Devendra/- (V. Nath, J) U T