Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63859 of 2019 Arising Out of PS. Case No.-229 Year-2019 Thana- PARSA District- Saran ====================================================== 1.

AJAY RAI S/o Binda Rai R/o village- Chetan Parsa, P.S.- Parsa, DistrictSaran 2.

Umesh Rai S/o Girija Rai R/o village- Chetan Parsa, P.S.- Parsa, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar @ Alok Kr Shahi For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 447, 341, 323, 353, 504/34 of the Indian Penal Code registered in connection with Parsa P.S. Case No. 229 of 2019.

3. It is submitted that the petitioners have been falsely implicated on the accusation of having assaulted the informant when he went to his office in connection with his pension. It is submitted that as a matter of fact the informant had demanded bribe when he gone to make complaint regarding Nal-Jal Yojna and for which the petitioner no. 1 has filed Complaint Case No. 2282 of 2019 before the learned CJM, Saran at Chapra. It is further stated that some days after the FIR and Complaint Case aforesaid, the informant has been arrested for accepting Rs. 18,000/- as bribe in a Trap Case and for which Vigilance P.S. Case No. 30 of 2019 has been lodged. Thus, the stand of the petitioners corroborates with regard to demand of bribe by the informant. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or

Patna High Court CR. MISC. No.63859 of 2019(2) dt.24-10-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM II, Saran at Chapra, in connection with Parsa P.S. Case No. 229 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T