Brahmdeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39336 of 2020 Arising Out of PS. Case No.-57 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Brahmdeo Rai Son Of Late Sadhu Rai Resident Of Village- Naya Tola, Dedaur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the State :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Bakhtiyarpur PS Case No. 57 of 2020 instituted for the offence under Sections 147,148,149,379 and 302 of the Indian Penal Code. The allegation is against the petitioner along with seven other persons of indiscriminate assault by various means. Learned counsel for the petitioner submits that specific assault on the head of the victim (informant's wife) is against co-accused Sanjay Rai. The petitioner has no criminal antecedents and even in the Medical Report, only one injury has been found on the head of the deceased. The petitioner is in custody since 28.05.2020.

The learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.39336 of 2020(2) dt.12-02-2021 2/2 bail.

Considering the rival submissions, let the petitioner, above named, 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 the learned Additional Chief Judicial Magistrate-III, Barh, in connection with Bakhtiyarpur PS Case No 57 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T