Jawahar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.23449 of 2015 (3) dt.10-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23449 of 2015 Arising Out of PS.Case No. -125 Year- 2013 Thana -BHAGWAN BAZAR District- SARAN ======================================================

1. Jawahar Rai S/o Late Yadu Rai R/o village / Mohalla - Masoomganj, P.S. Bhagwanpur Bazar, District - Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Uday Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Bhagwan Bazar P.S. Case No. 125 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 504, 307 of the Indian Penal Code.

At the very outset, it has been submitted that in this case the Police after completing investigation has submitted chargesheet against co-accused and final form against the petitioner and three others but learned Chief Judicial Magistrate took cognizance against all the accused including the petitioner under Section 307 of the Indian Penal Code. The Police granted bail to some of the accused and some of the chargesheeted accused

Patna High Court Cr.Misc. No.23449 of 2015 (3) dt.10-09-2015 have been admitted to anticipatory bail vide A.B.P. No. 1621 of 2013 & 1750 of 2013 and the case of the petitioner is on better footing.

Learned APP after going through the case diary fairly submitted that vide paragraph 83 of the case diary against the petitioner accusation has not been found to be true and accordingly, final form was submitted.

Under the circumstances stated above, considering that final form was submitted against the petitioner and the injury caused is lacerated wound and simple in nature, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 125 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T