Sukhari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49384 of 2019 Arising Out of PS. Case No.-128 Year-2003 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SUKHARI RAI, Son of Late Chetharu Rai, Resident of Village - Rupdih, P.S. - Motihari (M), District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar No.1, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 307 and 427/34 of the Indian Penal Code.

Death of grandfather of the informant was caused while he was on a motorcycle and the Jeep of the accused persons from behind dashed against the motorcycle. Allegation is that due to old enmity between the parties, the accused persons committed the deliberate act, rather the petitioner, who was also in the same Jeep, dubbed after accident that the enemy is already dead now.

Considering the nature of allegation, age of the petitioner as 60 years as well as completion of investigation of

Patna High Court CR. MISC. No.49384 of 2019(2) dt.09-08-2019 2/2 the case against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Motihari Muffasil Police Station Case No. 128 of 2003, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T