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Patna High CourtCR. MISC./46328/2018bail granted

Domi Rai And ORS v. The State Of Bihar

2018-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46328 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Domi Rai, S/o Late Gamun Rai,

2. Santosh Rai S/o Late Madan Rai,

3. Antosh Rai @ Madari Rai S/o Madan Rai,

4. Vijay Rai @ Vijay Kumar Rai S/o Domi Rai, All R/o Vill.- Lagma, P.S.- Sarairanjan , O.P.- Ghatho District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Sarairanjan P.S.Case no.55 of 2018 dated 7.5.2018 , registered for offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 427, 504, 506 of the Indian Penal Code. Allegation against the petitioners is of assault by various arms to the informant.

Submission of the learned counsel for the petitioners is that the allegations are general in nature of assault and the injuries are simple.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.46328 of 2018 (3) dt.30-08-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-6th, Samastipur, District Samastipur in connection with Sarairanjan P.S.Case No.55 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T