Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18535 of 2015 Arising Out of PS.Case No. -228 Year- 2012 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Kishore Rai son of Late Yogi Rai Resident of Mussepur Tulsi choura, P.S.- Sahebganj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-341, 323, 324 and 307/34 of the Indian Penal Code and the fact that the allegation of assault is basically against co-accused Krishna Rai as also the petitioner has got no criminal antecedent, this Court keeping in view the omnibus allegation against the petitioner, is inclined to grant the privilege of anticipatory bail to the petitioner.

That being so, if the petitioner namely, Kishore Rai, surrenders within a period of four weeks from today, he would be released on bail on furnishing bail

Patna High Court Cr.Misc. No.18535 of 2015 (2) dt.15-06-2015 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Sahebganj P.S. Case No. 228 of 2012, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that he is accused in any other criminal case, he shall not be granted bail and would be taken into custody.

(ii) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(iii) That the bailor shall also state on affidavit that they will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

Patna High Court Cr.Misc. No.18535 of 2015 (2) dt.15-06-2015 (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U T