Rohit Kumar @ Rohit Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.52065 of 2018 (2) dt.05-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52065 of 2018 Arising Out of PS.Case No. -119 Year- 2018 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== ROHIT KUMAR @ ROHIT KUMAR RAI S/o Sri Ram Shankar Ray, R/o vill.- Hilalpur, P.S.- Industrial Area, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for petitioner learned counsel for informant and learned A.P.P. for the State.

Petitioner seeks bail in Industrial Area P.S. Case No. 119/2018, registered for the offences punishable under Sections 341, 307, 354 and 504 of the Indian Penal Code. It is alleged that petitioner assaulted the son of the informant with iron rod on his head causing injury to him. It has been submitted that petitioner and informant are relatives. Injuries caused on the person of injured (son of informant) are simple in nature. There is land dispute. Petitioner has no criminal antecedent. He is in custody since 09.07.2018.

Learned counsel for the informant as well as learned A.P.P. however, vehemently opposed the prayer for bail of the

Patna High Court Cr.Misc. No.52065 of 2018 (2) dt.05-10-2018 petitioner.

Considering the facts aforesaid, the petitioner abovenamed, 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 Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 119/2018, subject to the 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 bonds.

(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) Vinita/- U T