Patna High CourtCR. MISC./48725/2016bail granted

Ajay Rai v. The State Of Bihar

2016-11-26Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48725 of 2016 Arising Out of PS.Case No. -232 Year- 2016 Thana -DUMRAUN District- BUXAR ======================================================

1. Ajay Rai S/o Sri Raj Narayan@Mutan Rai Resident of Village- Chilhari, P.S. Dumrao, District Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Dr. Indiwar Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-11-2016 Heard Mr. Singh for the petitioner and the APP for the State.

Petitioner prays for grant of bail in Dumraon (Naya Bhojpur O.P.) P.S. Case No. 232 of 2016 registered under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

Although the petitioner is named in the F.I.R. but the allegation of assault to the deceased is attributed to co-accused Nilesh Kumar @ Khakhanu. Specific allegation is against Harendra Rai that he fired twice in air and ordered for assault. It is stated that the deceased on account of the gun shot injury caused by Nilesh Kumar subsequently died. It is submitted that from the F.I.R., it would appear that it was a case of land dispute. Petitioner is in custody since 22.09.2016 and having no criminal antecedent.

Patna High Court Cr.Misc. No.48725 of 2016 (2) dt.26-11-2016 2/2 Co-accused Dharmveer Rai @ Sangram Rai and Dhananjai Rai @ Rana Rai have been released on bail vide order dated 27.10.2016 passed in Cr. Misc. No. 47148 of 2016.

Considering the aforesaid, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Dumraon (Naya Bhojpur O.P.) P.S. Case No. 232 of 2016 subject to the following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T