Patna High CourtCR. MISC./14783/2018bail granted

Haricharan Rai v. The State Of Bihar

2018-04-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14783 of 2018 Arising Out of PS.Case No. -547 Year- 2017 Thana -DANAPUR District- PATNA ======================================================

1. Haricharan Rai Son of late Devdutt Rai Resident of Mohalla- Naya Tola, Saguna, Police Station- Danapur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nutan Mishra, Adv For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302 read with Section 120(B) of the Indian Penal Code and 27 of the Arms Act.

The informant is eye witness of the occurrence rather injured of the occurrence. According to FIR, there is specific allegation against co-accused Prem Ratan Rai and Arjun Rai to have fired at Kedar Rai, as a result whereof, Kedar Rai died during course of treatment. During investigation, some evidence of conspiracy surfaced and co-accused Manish confessed before the police that he and the petitioner were the assailants.

Patna High Court Cr.Misc. No.14783 of 2018 (3) dt.26-04-2018 On the basis of evidence surfaced during investigation, learned counsel for the informant opposed the prayer for bail of the petitioner.

Considering the facts stated above, that there is no sufficient material against the petitioner for rejection of bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Danapur Police Station Case No.547 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T