Bunilal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40693 of 2023 Arising Out of PS. Case No.-261 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Bunilal Rai, aged about 28 years, Male Son of Bindeshwari Prasad, Resident of Village- Rajwara, P.S. Ghorasahan, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Chiraiya P.S. Case No. 261 of 2022 dated 08.06.2022 registered for the offence punishable under Sections 394, 302/34 of the Indian Penal Code.
As per the prosecution case, four miscreants are alleged to have assaulted the informant and his wife with sharped weapon and iron rod causing him injury on the backside of the head as a result of which wife of the informant fell down thereafter they have snatched their bag and cash. It is further alleged that the informant took his wife to hospital where the doctor declared his wife dead.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40693 of 2023(2) dt.14-07-2023 2/3 petitioner is innocent and has falsely been implicated in this case and there is no cogent material against the petitioner. His name came in this case on the confessional statement of coaccused Bhola Ray @ Bhola Yadav, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 24.06.2023 in Cr. Misc. No. 12601 of 2023. Charge-sheet has already been filed in this case. Petitioner is in jail custody since 05.04.2023 and has got four criminal antecedent in which he is on bail.
Learned APP appearing for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail after framing of charge upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-4th, Sikrahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 261 of 2022, subject to the following conditions: (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court.
Patna High Court CR. MISC. No.40693 of 2023(2) dt.14-07-2023 3/3 (ii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or violate any of the conditions imposed upon him his bail bond will be liable to be cancelled by the Court concerned. (iii) If the petitioner tampers with the evidence or the witness, in that case the prosecution will be at liberty to move for cancellation of bail.
(Sunil Dutta Mishra, J) Anand Kr.
U T