Patna High CourtCR. MISC./28882/2018bail granted

Bhikhar Rai @ Bikhari Rai v. The State Of Bihar

2018-06-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28882 of 2018 Arising Out of PS.Case No. -147 Year- 2016 Thana -MASRAKH District- SARAN ======================================================

1. Bhikhar Rai @ Bikhari Rai S/o late Haricharan Rai Resident of VillageMathiya, Kawalpura, P.S. Mashrak, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Roy, Adv For the Opposite Party/s : Mr. Sri Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-06-2018 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 147, 148, 149, 323, 341, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act later on Section 302 of the Indian Penal Code has been added.

The petitioner allegedly fired causing injury to the informant. Petitioner is in custody since 01.11.2017. In the past, prayer for bail was refused on 17.02.2018 with liberty for renewal of prayer, if the trial is not concluded within six months. The period of six months has not elapsed. However, prayer is for provisional bail for treatment of the wife, who has been referred to AIIMS, New Delhi for some neuro problem.

Patna High Court Cr.Misc. No.28882 of 2018 (3) dt.27-06-2018 2/2 Considering the prayer and supporting documents, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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 Mashrak Police Station Case No.147 of 2016, subject to the condition that if the trial would not proceed due to non-cooperation of the petitioner, the learned court below shall be at liberty to cancel the bail bond of the petitioner and both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T