Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60385 of 2018 Arising Out of PS.Case No. -447 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ======================================================

1. Manoj Rai S/o Bhagwan Rai, R/o Mohalla- Ratanpura, Ojha Toli, P.S.- Bhagwan Bazar, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Verma For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 The petitioner seeks regular bail in connection with Bhagwan Bazar P.S. Case No. 447 of 2017, registered for offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 354, 504, 506, 114 and 379 of the Indian Penal Code. Allegation against the petitioner and other accused persons is of assault to the deceased Chhote Lal Rai and there is specific allegation against one Jai Prakash Rai, who assaulted the deceased by means of farsa and there is also allegation that this petitioner assaulted Upendra Rai.

It has been submitted on behalf of the petitioner that there is no allegation against the petitioner of assaulting the deceased rather the specific allegation of assaulting the deceased is against other co-accused of this case. Petitioner has no criminal

antecedent and has been in judicial custody since 06.11.2017. Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Bhagwan Bazar P.S. Case No. 447 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation

of his bail.

(Vinod Kumar Sinha, J) sunil/- U T