Patna High CourtCR. MISC./50407/2019bail granted

Butan Rai v. The State Of Bihar

2019-08-14Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50407 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- DERNI BAZAR District- Saran ====================================================== Butan Rai S/o Ram Ayodhya Rai, R/o village- Pirari, P.S.- Derni, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Derni P.S. Case No. 87 of 2019 registered for offence punishable under sections 341, 323, 325, 379 and 506 of the Indian Penal Code.

Allegation has been made that while the informant was going on three wheeler, the petitioner stopped and assaulted with lathi eight times on the person of the informant and took away Rs.20,000/-.

The learned counsel for the petitioner submits that the FIR has been lodged after four days from the date of occurrence without explaining the cause of delay in filing of the case.

Patna High Court CR. MISC. No.50407 of 2019(2) dt.14-08-2019 2/2 In such view of the matter, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VII, Saran at Chapra in connection with Derni P.S. Case No. 87 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Shivaji Pandey, J) Mahesh/- U T