Dhiraj Kumar Rai @ Dheeraj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 18241 of 2017 Arising Out of PS.Case No. -543 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Dhiraj Kumar Rai @ Dheeraj Kumar Rai Son of Late Rama Rai, resident of village - Shresiya ( Shirsia ), P.S. Kanti, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Upendra Kumar Chaubey, Advocate For the Opposite Party/s : Mr Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kanti Police Station Case No 543 of 2016, registered for offences punishable under Sections 302, 448/34 of Indian Penal Code and Section 27 of Arms Act.

It is submitted on behalf of the petitioner that petitioner is named in the first information report in which he along with other co-accused persons were seen fleeing away after firing on the deceased. It is further submitted on behalf of the petitioner that he has nothing to do with the other accused persons and he has been falsely implicated in this case. It has further been submitted that cause of incident is due to the fact that deceased

Patna High Court Cr.Misc. No.18241 of 2017 (2) dt.25-04-2017 2/3 was working with accused Gautam Kumar Choudhary regarding supply of narcotics and upon refusal, this occurrence took place but petitioner has nothing to do with Gautam Kumar Choudhary and another co-accused, having similar allegation, has already been granted bail by the Court below itself. It is also submitted that in the post mortem report also, only one gunshot injury was found.

Heard learned APP also. Learned APP opposed the prayer for bail.

However, from perusal of the first information report, it appears that co-accused Gautam Kumar Choudhary fired on the deceased.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on his furnishing bonds of Rs 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti Police Station Case No 543 of 2016.

With following conditions:

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

Patna High Court Cr.Misc. No.18241 of 2017 (2) dt.25-04-2017 3/3 (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) M.E.H./- U T