Patna High CourtCR. MISC./56087/2017bail granted

Sunil Rai v. The State Of Bihar

2017-12-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56087 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Sunil Rai S/o Late Ram Chandra Rai, R/o Village- Saidabad, P.S.- Raghopur, District- Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar, Advocate For the Opposite Party : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under sections 341, 342, 323, 324, 307, 504, 506, 302/34 of the IPC and under section 27 of the Arms Act.

Counsel for the petitioner submits that the FIR itself reflects that the petitioner fired the missing shot. The petitioner claims parity with other accused persons, namely, Bir Bahadur Rai and Wakil Mahto, who have already been released on bail vide order dated 17.10.2017, passed in Cr.Misc.No. 48435 of 2017. Petitioner has no antecedent and he is in custody since 25.7.2017.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Vaishali at Hajipur in Raghopur (Rustampur OP) Police Station Case No. 97 of 2016 on the following conditions:-

Patna High Court Cr.Misc. No.56087 of 2017 (2) dt.13-12-2017 (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 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.

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