Ram Naresh Rai @ Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47617 of 2015 Arising Out of PS.Case No. -25 Year- 2014 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ====================================================== Ram Naresh Rai @ Naresh Rai Son of Nawal Rai, Resident of village - Raghopur Purvi, Police Station - Jurawanpur, District - Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kundan Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of regular bail arises out of Jurawanpur P.S. Case No. 25 of 2014, disclosing offences under Sections 147, 149, 323, 448, 326, 307, 504 and 504 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.

Learned counsel for the petitioner submits that even if the accusation in the prosecution case is treated to be true, no offence under Section 307 of the Indian Penal Code is made out against the petitioner. The injury, according to him, has been found to be non-vital part of the body i.e. on the finger of the informant. While denying the allegation against the petitioner, he

Patna High Court Cr.Misc. No.47617 of 2015 (2) dt.04-11-2015 2/2 submits that land dispute between the parties, is the actual reason is behind institution of the present case. According to him, a counter case has also been lodged by the family members of the petitioner. The petitioner is in custody since 19.07.2015 and according to him the cahrgesheet had already been submitted. In view of the submission as above, this application is allowed.

Let the petitioner, above-named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur, District-Vaishali in connection with Jurawanpur P.S. Case No. 25 of 2014. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T