Praduman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22120 of 2016 Arising Out of PS.Case No. -88 Year- 2015 Thana -AWTARNAGAR District- SARAN ====================================================== Praduman Rai S/o Ramdev Rai resident of Village - Kotihya, Pran Rai Ka Tola, P.S. - Avtar Nagar, District - Saran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ranjeet Kumar Singh, Advocate. For the Opposite Party : Mr. Madhura Nand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Avtar Nagar P.S. Case No. 88 of 2015 (G.R. No.4575 of 2015) registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code. Allegedly, the petitioner assaulted with iron Dab and co-accused Rishideo Rai with Barchhi causing injury on the head of the informant and on the order of Rishideo Rai, others started assaulting the informant with lathi and danda resulting he became unconscious.

Submission is of false implication due to land dispute, the informant has sustained injury and the nature of the

Patna High Court Cr.Misc. No.22120 of 2016 (3) dt.04-07-2016 2/2 injury was opined by the doctor on the basis of report of a Private hospital, which is alleged to be grievous, in this case Rishideo Rai has already been allowed bail vide Cr. Misc. No. 20099 of 2016 and the petitioner is suffering in custody since 15.04.2016, having no criminal antecedent.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that co-accused Rishideo Rai has already been allowed bail and as such, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri M.P. Yadav, learned Judicial Magistrate 1st Class, Chhapra in connection with Avtar Nagar P.S. Case No.88 of 2015 (G.R. No. 4575 of 2015), subject to conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Amit/- U T