Arjun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52963 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Arjun Rai ... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Counsel for the petitioner and the State are present. The petitioner seeks bail in a case registered for the offence under sections 302, 201, 120B/34 of the IPC. FIR alleges murder of the informant's son at his in-laws house at village Harpur Bhindi under Samastipur district. Counsel for the petitioner submits that in fact he is a resident of village Madhopur under Samastipur district, whereas Harpur Bhindi is in Vaishali district where the occurrence took place. Petitioner was neither arrested at the spot nor he has any relation with the in-laws of the informant's son. He is co-villager of the informant and has been roped in this case only on suspicion and is in custody since 4.7.2017 having no antecedent. Charge sheet has also been submitted in the case and there is no chance of tempering with the evidence.

In the facts of the case, the bail application is allowed. Let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate XI, Vaishali at Hajipur in Jandaha Police Station Case No. 36 of 2017 on the following conditions:-

Patna High Court Cr.Misc. No.52963 of 2017 (2) dt.09-11-2017 2/2 (a) 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 him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The affidavit shall clearly state that the petitioner is not an accused in any other case, and if he is, he shall not be released on bail.

(c) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter, the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (d) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

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

(Madhuresh Prasad, J) Shashi.

U T