Hakim Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63746 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- NAYAGAON District- Saran ====================================================== Hakim Ray Son of Chandeshwar Ray, Resident of Village- Rajapur,P.S. Nayagwn, Distt.-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Nayagawn P.S. Case No.64 / 2018 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. Informant has alleged that accused persons including the petitioner runs an illegal wine Bhathi and they demanded 18 kathas of land for expansion of Bhathi to which the informant refused and while he was carrying rupees twenty thousand, the co-accused, Ranjit Kumar snatched the said rupees twenty thousand and petitioner gave knife blow on his stomach. It has been submitted that after investigation the police has found allegation against Ranjit Kumar to be false and has not filed charge-sheet against him. However, charge-sheet has been submitted against the petitioner. The nature of injury

Patna High Court Cr.Misc. No.63746 of 2018(3) dt.13-12-2018 2/2 does not appear to be grievous in nature. Petitioner has no criminal antecedent and he is in custody since 06.06.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 13, Saran at Chapra in connection with Nayagawn P.S. Case No. 64 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T