Pintu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35986 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== Pintu Rai Son of Baliram Rai Resident of Village - Ahirauli Dubauli, Police Station- Gopalpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Adv. With Mr. Anirudh Kumar.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 268 of 2021 lodged under Sections 147, 148, 149, 323, 324, 302, 307, 448, 354(B), 504, 506 and 302 of the I.P.C.

As per the prosecution case, there are in total 11 persons have been made accused in this case. Against Pintu Rai, there is an allegation of assaulting upon Pintu Rai along with Manoj, Dinesh, Ritu and Nitesh Rai.

Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.35986 of 2022(2) dt.19-09-2022 2/3 no specific allegation against the petitioner whatever allegation is there all are general and omnibus. He is a member of mob. Learned counsel for the petitioner further submits that petitioner is in custody since 20.04.2022, charge sheet has already been filed in this case and there is one criminal case pending against him which is filed by the present informant himself.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Mrs. Shiv Shrulika Judicial Magistrate, 1st class, Gopalganj in connection with Gopalganj P.S. Case No. 268 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.35986 of 2022(2) dt.19-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) prakashmani/- U T