Santosh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43925 of 2018 Arising Out of PS.Case No. -389 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================
1. Santosh Rai S/o Vishundev Ray, R/o Vill.- Sirajabad, P.S.- Sakara, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2018 The petitioner is apprehending his arrest in connection with Sakara P.S. Case No. 389 of 2017, registered for offences punishable under Sections 147, 149, 341, 323, 324, 307, 448, 379, 504 and 506 of the Indian Penal Code.
Allegation against the petitioner is of assault to the informant on his hand by means of farsa and allegation against other co - accused person is of assault to the informant by means of fists and slaps.
It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and there is case and counter case between the parties and no injury report is available on record.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.43925 of 2018 (2) dt.20-07-2018 2/3 Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -IV, Muzaffarpur, in connection with Sakara P.S. Case No. 389 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.43925 of 2018 (2) dt.20-07-2018 3/3 prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T