Ramayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49704 of 2018 Arising Out of PS.Case No. -293 Year- 2018 Thana -MARHAURA District- SARAN ======================================================

1. Ramayan Rai son of Dhurandhar Rai resident of village - Takina, P.S. Marhaura, District - Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Marhaura P.S.Case No.293 of 2018 , registered for offences punishable under Sections 341, 323, 324, 326, 307, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of assault to the informant by lathi and causing injury to him. Submission of the learned counsel for the petitioner is that it is alleged that the petitioner has assaulted by lathi but the injury is caused by sharp cutting weapon, which will appear from the impugned order and there is case and counter case between the parties.

Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.49704 of 2018 (2) dt.29-08-2018 2/2 informant. They have opposed the pryer for bail stating that there is allegation against the petitioner also. .

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VIII, Saran at Chapra in connection with Marhaura P.S.Case No.293 of 2018 dated 27.6.2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T