Shiv Chandra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60724 of 2018 Arising Out of PS. Case No.-253 Year-2017 Thana- PATORI District- Samastipur ====================================================== Shiv Chandra Rai S/o Late Munshi Rai, R/o Vill.- Hasanpur Surat, P.S.- Patory, District- Samastipur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shankar Singh For the Opposite Party/s :
Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2018 Heard the parties.
The petitioner seeks regular bail in connection with Shahpur Patori (Ptory) P.S.Case nO.253 of 2017 registered for offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code.
As per FIR the dead body of one Ravi Kumar was recovered and four persons were named on the suspicion as there was altercation between the son of Vinod Rai and son of the informant earlier.
Submission of the learned counsel for the petitioner is that except suspicion there is nothing against the petitioner and there is no eye witness in this case and Vinod Rai and other accused persons against them there is suspicion as shown in the FIR have been granted bail vide order dated 25.9.2018 passed in Cr. Msic. o.51327 of 2018 and order dated 25.10.2018 passed in
Patna High Court Cr.Misc. No.60724 of 2018(3) dt.22-11-2018 2/2 Cr. Misc. No.51399 of 2018 respectively. The petitioner is in custody for about three months. The charge sheet has already been submitted in this case.
Heard learned A.P.P. also.
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 furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM IV, Samastipur in connection with Shahpur Patori (Patory) P.S.case No.253 of 2017..
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. (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 in the event of failure 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 bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T