Rahul Kumar @ Rahul Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13087 of 2018 Arising Out of PS.Case No. -65 Year- 2012 Thana -PAROO District- MUZAFFARPUR ====================================================== Rahul Kumar @ Rahul Rai, Son of Mohan Rai, Resident of VillageMansurpur Gotha, P.S.- Paroo, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard counsel for the petitioner and APP for the State. Petitioner is an accused in a case registered for offence under sections 307, 379 and other allied sections of the IPC. Learned counsel for the petitioner submits that though the alleged occurrence is of 14.4.2012, the FIR has been lodged on 18.4.2012 as afterthought and counter blast of the case lodged by the petitioner side bearing Paroo Police Station Case No. 55 of 2012 which was lodged on the same day, i.e., 14.4.2012. He submits that in fact informant side was aggressor and informant's medical report shows one simple injury, whereas regarding two other injuries the opinion is awaited. Prior to the lodging of this case, he is not accused in other case. Petitioner is in custody since 13.12.2017.
In the facts and circumstances of the case, prayer for bail
Patna High Court Cr.Misc. No.13087 of 2018 (3) dt.06-04-2018 2/2 of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 3rd, (west) at Muzaffarpur in Paroo Police Station Case No. 65/2012 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.
(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.
(Madhuresh Prasad, J) Shashi.
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