Patna High CourtCR. MISC./27925/2016bail granted

Mahesh Rai v. The State Of Bihar

2016-09-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27925 of 2016 Arising Out of PS.Case No. -232 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Mahesh Rai son of Chandradeep Rai Resident of village- Saraisa Pohiyari, P.S. - Desari, District-Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ganesh Prasad Singh, Advocate.

For the Opposite Party : Mr. Ram Bachan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2016 Heard both sides.

The petitioner apprehends his arrest in Desari P.S. Case No. 232 of 2015 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant named nine persons in the FIR and alleged that Mahesh Rai, the petitioner and Chandradeep Rai assaulted her with Pharsa on her head.

Learned counsel for the petitioner submits that Jugal Rai, husband of the informant and Ramnandan Rai are brothers. Jugal Rai got sale deed fraudulently executed in his name with regard to the lands of Ranmnandan Rai as he is issueless for that Ramnandan Rai filed complaint case against Jugal Rai and others. It is further submitted that since the petitioner was witness to that

Patna High Court Cr.Misc. No.27925 of 2016 (2) dt.02-09-2016 2/2 complaint case, this false case has been filed. Other accused persons have already been enlarged on anticipatory bail. The injury report of the informant Sunita Devi is not brought on record. Even after lapse of ten months the injury report of the injured is not brought on record.

Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Aditay Pandey, the Judicial Magistrate, 1st Class, Vaishali at Hajipur in in Desari P.S. Case No. 232 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T