Patna High CourtCR. MISC./60827/2019bail granted

Laxmi Rai @ Lakshmi Rai @ Laxmi Kumar Yadav v. The State Of Bihar

2019-09-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60827 of 2019 Arising Out of PS. Case No.-758 Year-2019 Thana- AHIYAPUR DistrictMuzaffarpur ====================================================== LAXMI RAI @ LAKSHMI RAI @ LAXMI KUMAR YADAV Son of Sakaldev Prasad Yadav Resident of Village - Najirpur @ Ahiyapur Jiyalal Chowk, P.S.- Ahiyapur, District - Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Alok Kumar Alok, Advocate.

For the Opposite Party:

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 323, 307, 324 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Ahiyapur P.S. Case No. 758 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the accusation of firing is on co-accused Raja Thakur. The accusation of brick batting is general and omnibus against the accused persons including the petitioner. No injury has been caused to anyone. The petitioner is accused in a few prior case of different nature in which he is on bail.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court CR. MISC. No.60827 of 2019(2) dt.26-09-2019 2/2 to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 758 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 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) Ibrar//- U T