Patna High CourtCR. MISC./48259/2018bail granted

Rahul Kumar v. The State Of Bihar

2018-10-25Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48259 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== Rahul Kumar, S/o Bhupendra Yadav, R/o Village- Ramdiri-Lavarchak- Toal, P.S.- Mathani, Dist- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Matihani P.S. Case No. 66 of 2018 registered for the offence punishable under Sections 341, 323, 504 and 307 of the Indian Penal Code, Section 37(c) of Bihar Prohibition and Excise Act, 2016 and 25(1-B)a, 26 and 27 of the Arms Act.

Allegation against the petitioner is of assaulting the Informant by the butt of Pistol on his head, in a drunken condition.

It has been submitted on behalf of the petitioner that the injury sustained by the Informant is simple in nature. Petitioner has got no criminal antecedent and is in custody since 09.05.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.48259 of 2018(4) dt.25-10-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Begusarai, in connection with Matihani P.S. Case No. 66 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U