Anil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40192 of 2022 Arising Out of PS. Case No.-379 Year-2021 Thana- PARSA District- Saran ====================================================== Anil Rai, Son of Ashok Rai R/O- Village- Pashurampur, PS- Parsa, DistrictSaran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-01-2023 This case is listed for hearing out of turn on account of mentioning that mother of the sole petitioner is seriously ill and she has been referred to AIIMS, Patna for better treatment.
Heard Ld. counsel for the petitioner and Ld. APP for the State.
The petitioner seeks bail in connection with Parsa P. S. Case No. 379 of 2021, registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code and 27 of the Arms Act, 1959.
The prosecution case as emerging from the FIR is
2/4 that on 23.10.2021 there was altercation taken place between the informant and the uncle of the petitioner. Thereafter, on the next date the petitioner and his associates assaulted the informant by knife due to which he sustained several injuries.
Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation levelled against the petitioner is general and omnibus in nature. He also submits that the allegation of assault is by knife but not on the vital part of the body.
He further submits that the petitioner has been languishing in jail since 26.04.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one more case.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently
3/4 opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. A.C.J.M9th, Saran at Chapra in connection with Parsa P. S. Case No. 379 of 2021, after framing of charge, if not already framed, on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) 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 facts to the court or to any police officer.
4/4 (iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) skm/- U T