Madheshwar Rao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63407 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- TEKARI District- Gaya ====================================================== MADHESHWAR RAO Son of Late Bashudeo Rao Resident of Village- Law, Police Station- Tekari, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No.2 For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323, 341, 447, 504, 308 and 34 of the Indian Penal Code, registered in connection with Tekari P.S.Case No. 181 of 2019.

3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties, who are Gotias. The petitioner is said to have assaulted the informant with iron rod, but final opinion on the injury has been kept reserved. The petitioner claims clean antecedents.

4. Be that as it may, in the event of petitioner's arrest or surrender within four weeks hereof, let the above named petitioner be released on provisional bail on furnishing bail

Patna High Court CR. MISC. No.63407 of 2019(2) dt.21-10-2019 2/3 bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya, connection with Tekari P.S.Case No. 181 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 co-operate 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.

5. The provisional bail granted to the petitioner shall be confirmed by the learned court below upon verification within a further period of four weeks after furnishing bail bond

Patna High Court CR. MISC. No.63407 of 2019(2) dt.21-10-2019 3/3 that no grievous injury has been sustained by the informant, conversely his bail bond shall stand automatically cancelled. (Vikash Jain, J) HR/- U T