Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5081 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Dinesh Rai, son of Gaya Rai, Resident of Village- Chamtha Barkhut, P.S.- Bachhawara, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the informant :

Mr. Hare Krishna Prasad For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 Heard the parties.

This application has been filed in connection with Bachhawara P.S. Case No.149 of 2016 for the offence under Sections 341, 323, 354, 307 and 504 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation against the petitioner is that he assaulted by the iron rod causing head bleeding and swelling on both the eyes of the injured and the petitioner is in custody for about four months and from perusal of the F.I.R., it will appear that the occurrence took place on the issue of a petty nature.

Heard learned counsel for the petitioner and the learned counsel for the informant. They have opposed the prayer for bail stating that there was repetition of blow on the injured.

Patna High Court Cr.Misc. No.5081 of 2017 (2) dt.15-02-2017 2/3 Having heard both sides. In view of the fact that from perusal of the injury report, it appears that there is only one injury on the eye and the learned counsel for the informant has stated that it is not serious injury, as such considering the custody of the petitioner for about four months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Pankaj Pandey, Judicial Magistrate Ist class, Begusarai in connection with Bachhawara P.S.Case No.149 of 2016.

With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.5081 of 2017 (2) dt.15-02-2017 3/3 U