Pulish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53629 of 2017 Arising Out of PS.Case No. -110 Year- 2002 Thana -PARSA District- SARAN ====================================================== Pulish Rai, Son of Phulena Rai, Resident of Village - Chak Sahbaj, P.S.- Parsa, District-Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Pandey, Advocate. For the Opposite Party/s : Smt. Sharda Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Parsa P.S. Case No. 110 of 2002 registered under Sections 341, 323 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is said to have assaulted the informant and others and also exploded bomb by forming an unlawful assembly. The petitioner was also armed with fire arms. It is submitted by learned counsel for the petitioner that the allegation levelled against the petitioner is not specific rather omnibus. Though he is said to have been armed with fire arm but he has not resorted any firing. He had no knowledge of the case earlier as he had gone outside the state to earn his livelihood and on regressing to his village and learning the

Patna High Court Cr.Misc. No.53629 of 2017 (2) dt.09-11-2017 2/2 aforesaid case against him, he surrendered before the court on 08.09.2017 and has been languishing in custody since then. It is submitted by learned APP that the petitioner has absconded for 13 years and he has been declared absconder. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Parsa P.S. Case No. 110 of 2002 with condition that the petitioner shall remain present before the court on each and every date as and when required by the Court and in case of failure on two consecutive dates without assigning any sufficient and genuine ground to the satisfaction of the learned Trial Court, his bail bond shall stand cancelled.

(Prakash Chandra Jaiswal, J) Mishra/- U T