Abhishek Kumar Ray @ Abhishek Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13298 of 2018 Arising Out of PS.Case No. -36 Year- 2017 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ======================================================
1. Abhishek Kumar Ray @ Abhishek Ray S/o Achandev Ray, R/o vill.- Laxmi Narayan Pur, P.S.- Tisiauta, Distt.- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harendra Kumar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Tisiauta P.S.Case No.36/2017 , registered for offences punishable under Sections 147, 149, 341, 323, 326, 307, 354, 379, 504 and 506 of the Indian Penal Code.
Allegation against the petitioner is of assault by Bhala causing injury on the leg of Dilip Kumar Rai. Submission of the learned counsel for the petitioner is that there is case and counter case, injures are simple in nature and the other co-accused persons having allegation of assault have also been granted by a Co-ordinate Bench of this Court, vide order dated 11.1.2018 passed in Cr. Misc. No.1562 of 2018 and Cr. Misc. No.30.1.2018 passed in Cr. Misc. No.63051 of 2017.
Patna High Court Cr.Misc. No.13298 of 2018 (2) dt.05-04-2018 2/3 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of oder, be released 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 the learned A.C.J.M.-9, Vaishali at Hajipur in connection with Tisiauta P.S.Case no.36 of 2017, 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 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 investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T
Patna High Court Cr.Misc. No.13298 of 2018 (2) dt.05-04-2018 3/3