Patna High CourtCR. MISC./16462/2017bail granted

Lalbabu @ Lalbabu Rai v. The State Of Bihar

2017-04-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.16462 of 2017 (2) dt.06-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16462 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -PAROO District- MUZAFFARPUR ====================================================== Lalbabu @ Lalbabu Rai Son of Late Raja Rai, Resident of VillageThengpur, P.S.- Paroo, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mrs. Bela Singh. Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.01.2017 in connection with Paroo P. S. Case No. 12 of 2017, G.R. No. 97 of 2017 for the alleged offences under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 506, 307, 353, 332, 333 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and even according to the accusation in the FIR, no offence as alleged is made out against the petitioner as it is only alleged that co-accused Ramashish Rai called the name of the petitioner. The petitioner's presence at the place of occurrence, much less any overt act on his part is not established. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 12.01.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten

Patna High Court Cr.Misc. No.16462 of 2017 (2) dt.06-04-2017 thousand) with two sureties of like amount each to the satisfaction of Sri Aditya Kumar Singh, learned J.M. Ist Class, Muzaffarpur in connection with Paroo P. S. Case No. 12 of 2017, G.R. No. 97 of 2017 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/Ibrar U T