Lal Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55689 of 2016 Arising Out of PS.Case No. -33 Year- 2012 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================

1. Lal Mohan Rai, S/o Late Raj Mangal Rai resident of Village- Sahapur, P.S.- Gangabrige, Dist.- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kalyan Shankar, Adv. Mrs. Smita, Adv.

For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 33 of 2012 registered for the offences punishable under Sections 147, 148, 323, 325 and 302 of the Indian Penal Code.

Allegedly, the petitioner and eight other F.I.R. named accused persons being armed with Lathi, Danda and iron rod started assaulting the father of the informant then he raised alarm, the informant went there then he was also assaulted by Lathi, Danda and iron rod and head of the father of the informant was ruptured resulting he became seriously injured, thereafter the

accused persons fled away. The father of the informant was brought to Sadar Hospital, Hajipur and from there he was referred to P.M.C.H. where during treatment he died.

Submission is of false implication and that there is general and omnibus allegation against nine accused persons but during post-mortem examination only one injury has been found on the person of the deceased. The petitioner is in custody since 19.06.2016. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and also the allegations are general and omnibus in nature 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 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Ganga Bridge P.S. Case No.

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) sushma/- U T